PUBLIC LAW 112–264—JAN. 14, 2013 

NORTH KOREAN CHILD WELFARE ACT 

OF 2012 


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126 STAT. 2432 PUBLIC LAW 112–264—JAN. 14, 2013 

Public Law 112–264 

112th Congress 

An Act 

To express the sense of Congress regarding North Korean children and children 

of one North Korean parent and to require the Department of State regularly 

to brief appropriate congressional committees on efforts to advocate for and develop 

a strategy to provide assistance in the best interest of these children. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘North Korean Child Welfare 

Act of 2012’’. 

SEC. 2. SENSE OF CONGRESS. 

It is the sense of Congress that— 

(1) hundreds of thousands of North Korean children suffer 

from malnutrition in North Korea, and North Korean children 

or children of one North Korean parent who are living outside 

of North Korea may face statelessness in neighboring countries; 

and 

(2) the Secretary of State should advocate for the best 

interests of these children, including, when possible, facilitating 

immediate protection for those living outside North Korea 

through family reunification or, if appropriate and eligible in 

individual cases, domestic or international adoption. 

SEC. 3. DEFINITIONS. 

In this Act: 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means the Committee 

on Foreign Relations of the Senate and the Committee on 

Foreign Affairs of the House of Representatives. 

(2) HAGUE COUNTRY.—The term ‘‘Hague country’’ means 

a country where the Convention on Protection of Children and 

Cooperation in Respect of Intercountry Adoption, done at The 

Hague May 29, 1993, has entered into force and is fully implemented. 

(3) NON-HAGUE COUNTRY.—The term ‘‘non-Hague country’’ 

means a country where the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, done 

at The Hague May 29, 1993, has not entered into force. 

SEC. 4. BRIEFINGS ON THE WELFARE OF NORTH KOREAN CHILDREN. 

(a) IN GENERAL.—The Secretary of State shall designate a 

representative to regularly brief the appropriate congressional 

committees in an unclassified setting on United States Government 

efforts to advocate for the best interests of North Korean children 

Designation. 

22 USC 7834. 

22 USC 7834 

note. 

North Korean 

Child Welfare 

Act of 2012. 

22 USC 7801 

note. 

Jan. 14, 2013 

[H.R. 1464] 


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PUBLIC LAW 112–264—JAN. 14, 2013 126 STAT. 2433 

and children of one North Korean parent, including efforts to 

address, when appropriate, the adoption of such children living 

outside North Korea without parental care. 

(b) CONTENTS.—The Secretary’s designee shall be prepared to 

address in each briefing the following topics: 

(1) The analysis of the Department of State of the challenges facing North Korean children residing outside North 

Korea and challenges facing children of one North Korean 

parent in other countries who are fleeing persecution or are 

living as de jure or de facto stateless persons. 

(2) Department of State efforts to advocate for the best 

interest of North Korean children residing outside North Korea 

or children of one North Korean parent living in other countries 

who are fleeing persecution or are living as de jure or de 

facto stateless persons, including, when possible, efforts to 

address the immediate care and family reunification of these 

children, and, in individual cases where appropriate, the adoption of eligible North Korean children living outside North 

Korea and children of one North Korean parent living outside 

North Korea. 

(3) Department of State efforts to develop a comprehensive 

strategy to address challenges that United States citizens would 

encounter in attempting to adopt, via intercountry adoption, 

North Korean-origin children residing in other countries or 

children of one North Korean parent residing outside North 

Korea who are fleeing persecution or are living as de jure 

or de facto stateless persons, including efforts to overcome 

the complexities involved in determining jurisdiction for best 

interest determinations and adoption processing, if appropriate, 

of those who habitually reside in a Hague country or a nonHague country. 

(4) Department of State diplomatic efforts to encourage 

countries in which North Korean children or children of one 

North Korean parent are fleeing persecution or reside as de 

jure or de facto stateless persons to resolve issues of statelessness of North Koreans residing in that country. 

(5) Department of State efforts to work with the Government of the Republic of Korea to establish pilot programs 

that identify, provide for the immediate care of, and assist 

in the family reunification of North Korean children and children of one North Korean parent living within South Korea 


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126 STAT. 2434 PUBLIC LAW 112–264—JAN. 14, 2013 

LEGISLATIVE HISTORY—H.R. 1464: 

CONGRESSIONAL RECORD: 

Vol. 158 (2012): Sept. 11, considered and passed House. 

Dec. 28, considered and passed Senate, amended. 

Vol. 158 (2013): Jan. 1, House concurred in Senate amendments. 

Æ 

and other countries who are fleeing persecution or are living 

as de jure or de facto stateless persons. 

Approved January 14, 2013. 


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