1. Action of Denial of Paternity
An Action of Denial of Paternity is a legal proceeding under Korean civil law to overturn the “presumption of paternity” and negate the legal father-child relationship in cases where a child is presumed to be the registered father's offspring but is not actually his biological child.
2. What is Presumption of Paternity Based on Marital Status
South Korean civil law applies the 'Presumption of Paternity' rule. This rule presumes that a child born within a specific timeframe is the husband's biological child, barring any special circumstances defined by law.
Specifically, according to Article 844 of the Civil Act (Presumption of Husband's Paternity):
① A child conceived by the wife during marriage,
② A child born 200 days after marriage,
③ A child born within 300 days of the termination of marriage is presumed to be the husband's child.
Even if it's known and factual that the child's biological father is someone else, the South Korean government won't accept birth registration naming the biological father as the father if these conditions apply.
Therefore, to correct family relationships according to facts, a "paternity suit" is mandatory in South Korea.
However, for ① children not yet registered and ② born within 300 days of marriage termination, the presumption of paternity can be denied through an Application for Permission to Deny Paternity (filed by the mother or her ex-husband) or an Application for Permission for Affiliation (filed by the biological father) to modify the family register.
3. Plaintiff and Defendant in an Action of Denial of Paternity
① The action can be filed by one spouse against their partner (defendant) or against the child (defendant).
② Even if divorced, the action can be pursued against the ex-husband or ex-wife.
③ If all potential defendants have passed away, the action can be filed against the public prosecutor.
4. Time Limit for Filing an Action of Denial of Paternity
① An Action of Denial of Paternity must be filed within two years from the date the plaintiff became aware of the grounds for denial (i.e., the date they learned the child was not biologically theirs).
② If all potential defendants (spouse or child) have died and the action is filed against the public prosecutor, the two-year period begins from the date the plaintiff learned of the death.
The strict time limit for filing an Action of Denial of Paternity in South Korea is due to two main reasons:
① After two years, it's assumed that the social parent-child relationship has significantly matured, and one party should not be allowed to arbitrarily destroy the trust in this social relationship.
② Keeping the child, who is a party to the lawsuit, in an unstable legal position for an unnecessarily long time is deemed contrary to the child's welfare.
5. Relationship with Action for Confirmation of Denial of Paternity
While an Action of Denial of Paternity is a means to deny the parent-child relationship with a child presumed to be legitimate, an Action for Confirmation of Denial of Paternity is used by interested parties to correct family register records in cases where the presumption of legitimacy does not apply, yet a child is registered as the biological child of a father or mother in the family register.
6. Jurisdiction
① The Family Court in the child's place of general jurisdiction.
② If the child has died, the Family Court of the child's last address has exclusive jurisdiction.
7. Required Documents
For the child's mother:
① Basic Certificate
② Family Relations Certificate
③ Marriage Relations Certificate
④ Resident Registration Copy
For the child's legal father (ex-husband):
① Basic Certificate
② Family Relations Certificate
③ Marriage Relations Certificate
④ Resident Registration Copy
For the child in question:
① Birth Certificate (obtainable from the birth hospital)
② Genetic Test Results
8. Which Family Law Attorney Should You Entrust with in Korea?
The attorney that other lawyers trust to handle their own divorce cases.
The attorney that opposing lawyers refer their own families to.
That is what Law Office Haeon is.
1) The Lawyers' Family Law attorney – Haeon
The fact that lawyers in Korea entrust their own or their family’s cases to Haeon is proof of our expertise. Even lawyers with no prior personal connection often come to us based on our established reputation within the legal community. We are the lawyers' family law attorney.
2) All Our Attorneys are Seasoned Professionals
Haeon's family law team consists entirely of senior attorneys who passed the bar exam between 2010-2012 and have years of experience practicing family law. This ensures our attorneys have the necessary expertise.
3) In-House CPA for Sophisticated Asset Valuation
Properly valuing a spouse's business interests is crucial in property division cases. However, only a handful of major law offices in Korea have in-house CPAs specializing in business valuation and forensic accounting - services that can cost millions or even tens of millions of won when retained separately.
Haeon Law Group is with in-house CPA who previously worked at SK, a top-3 conglomerate of Korea and KPMG Accounting Firm. Our CPA partner provides sophisticated valuation, fraud investigation and transaction advisory services at a reasonable cost to protect our clients' interests.
4) English Interpreter Ready
At Haeon, we have an in-house interpreter who previously served as an English interpreter for the ROK Army and U.S. Army, working alongside them on joint operations. Even if your Korean language skills are limited, making it difficult to fully explain your situation, our interpreter ensures you can communicate seamlessly during your consultation. We bridge the language gap so you can get the legal guidance you need.
In times of crisis, everyone claims to be the best. But the truly superior attorney proves it through results. Haeon has the sophisticated expertise to deliver what you need.
