1. Definition
Confirmation of existence of parent-child relationship is a legal action opposite to confirmation of non-existence of parent-child relationship. It is a lawsuit requesting the court to confirm the existence of a parent-child relationship between parties in order to register it in the family relationship register.
This process is necessary because, according to Article 107 of the Family Relationship Registration Act, a final court judgment is required to rectify matters that significantly impact family law or inheritance law.
2. Persons Who Can File the Lawsuit (Plaintiffs)
① Anyone who is a direct stakeholder, gaining rights or being relieved of legal obligations through the confirmation of existence of parent-child relationship, can file this lawsuit.
② Interested parties in this context refer to individuals whose rights, obligations, or legal status regarding inheritance or support would be concretely affected by a final judgment confirming or denying the existence of a parent-child relationship between other people (Supreme Court Decision 2015므0000, June 18, 2020 [Confirmation of Existence/Non-existence of Parent-Child Relationship]).
3. Persons Subject to the Lawsuit (Defendants)
A confirmation of existence of parent-child relationship lawsuit is filed to confirm a parent-child relationship with the biological mother. To confirm a relationship with the biological father, an "Action Demanding Affiliation" must be pursued instead.
This is because the Supreme Court has ruled that "a father-child relationship can only be established through the father's affiliation, therefore a confirmation of existence of parent-child relationship lawsuit is not permissible" (Supreme Court Decision 96meu738).
① When a party to the parent-child relationship files the lawsuit, the other party becomes the defendant.
② When a third party files the lawsuit, both parties to the parent-child relationship become defendants.
③ If one party has died, the surviving party becomes the defendant. If all potential defendants have died, the lawsuit is filed against the public prosecutor (refer to Articles 28 and 24 of the Family Litigation Act).
4. Time Limit for Filing a Confirmation of Existence of Parent-Child Relationship Lawsuit (Statutory Period)
① There is no time limit for filing when all parties are alive.
② If a potential defendant has died and the lawsuit is filed against the public prosecutor, it must be filed within two years from the date of knowledge of the death (Article 865, Paragraph 2 of the Civil Act).
③ However, depending on the client's situation, it may be possible to file a lawsuit without a statutory period even if the potential defendant has died. Therefore, direct consultation with an attorney is essential.
