1. What is a Paternity Suit?
In South Korea, a Paternity Suit refers to various legal procedures filed with the court to rectify ① past incorrect family relationships or ② unregistered family relationships.
Even though the regarding Korean civil act is translated as “Paternity”, it also includes denial and existence of “Maternity” due to [Civil Act Article 865(Action Demanding Confirmation of Denial or Existence of Paternity due to Any Other Reasons)]
These legal procedures, commonly known as Paternity Suits, are diverse and complex, including:
① Action of Denial of Paternity(친생부인의 소)
② Action Demanding Confirmation of Non-existence of Parent-Child Relationship(친생자관계 부존재 확인의 소)
③ Action Demanding Affiliation(인지청구의 소)
④ Action Demanding Confirmation of Existence of parent-child relationship(친생자관계 존재 확인의 소)
⑤ Application for Permission to Deny Paternity or Application for Permission for Affiliation(친생부인허가청구 또는 인지허가청구)
Therefore, it is crucial to understand which lawsuit is necessary for your specific situation and to choose a lawyer who can achieve the desired outcome given the circumstances.
2. Reasons for Pursuing a Paternity Suit
Rectifying family relationships through Paternity Suits can create or terminate legal obligations and rights between family members. Consequently, Paternity Suits can have the following effects:
① You can claim “past child support” and “inheritance” from a biological father who neglected child-rearing responsibilities.
② You can correct situations where a child's birth cannot be registered with the biological father due to the presumption of paternity.
③ Conversely, you can prevent potential inheritance issues by resolving incorrectly registered family relationships where parties are not actually related.
④ You can resolve family relationships proven no biological relationship through DNA testing.
⑤ You can register a child's birth with the biological father after divorce, regardless of the ex-husband's wishes (Application for Permission to Deny Paternity).
⑥ You can correct other errors in family registration, such as unknown individuals being registered as family members.
3. 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. Required Documents for Paternity Suits
Generally required documents include:
① Mother's family relations certificate, marriage certificate, and resident registration (including address history)
② Father's family relations certificate(친모의 가족관계증명서), marriage certificate, and resident registration (including address history)
③ DNA test results
④ Basic certificate, family relations certificate, and resident registration (including address history) of the party seeking to correct their family register
4. Duration of Paternity Suits
Paternity Suits typically take about 2-3 months, which is relatively short.
5. Detailed Information on Each Type of Paternity Suit
The legal approach varies depending on the client's situation. For detailed information, please refer to the following links:
① Action of Denial of Paternity(친생부인의 소)
② Action Demanding Confirmation of Non-existence of Parent-Child Relationship(친생자관계 부존재 확인의 소)
③ Action Demanding Affiliation(인지청구의 소)
④ Action Demanding Confirmation of Existence of parent-child relationship(친생자관계 존재 확인의 소)
⑤ Application for Permission to Deny Paternity or Application for Permission for Affiliation
⑥ Everything about DNA testing methods, lawsuits, costs, and institutions for paternity confirmation
6. Which Family Law Attorney Should You Consult 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.
This 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.
