CONTENTS
- 1. A Client Who Needed Confirmation of the Non-existence of a Parent-Child Relationship
- - Background of the Case as Identified by the Family Law Attorney
- 2. Legal Response Strategy to Prove Non-existence of a Parent-Child Relationship
- - Family Law Attorney's Support ① | Establishing and Proving the Circumstances of the False Registration
- - Family Law Attorney's Support ② | Applying for and Confirming the DNA Test Order
- - Family Law Attorney's Support ③ | Proving the Interest in Confirmation
- 3. Successful Confirmation of Non-existence of a Parent-Child Relationship
- - Information Related to the Lawsuit for Confirmation of Non-existence of a Parent-Child Relationship
- - Need the Help of a Family Law Attorney?
- - FAQ Related to Correction of the Register
1. A Client Who Needed Confirmation of the Non-existence of a Parent-Child Relationship
This is the account of a client who visited our firm to pursue a lawsuit seeking confirmation of the non-existence of a parent-child relationship.
Background of the Case as Identified by the Family Law Attorney
The client's paternal grandmother later learned that, during a past remarriage, the other party had used her personal seal without her knowledge to file a false birth registration.
As a result, persons who had no blood relationship with her whatsoever were recorded in the family relations register as the children of the client's paternal grandmother.
Because of this, decades later the client's paternal grandmother found herself in a situation in which she even received notice of an unjust debt on account of the false family relationship recorded under her name.
To correct the family relations register, which did not reflect the truth, she filed a lawsuit for Confirmation of Non-existence of a Parent-Child Relationship with the court.
2. Legal Response Strategy to Prove Non-existence of a Parent-Child Relationship
To assist the client, who filed a lawsuit for Confirmation of Non-existence of a Parent-Child Relationship, in correcting the information erroneously recorded in the family relations register, the family law attorney provided the following support.
In particular, the attorney focused on proving how the plaintiff came to be falsely registered as the defendants' biological mother and the inconsistencies in the facts.
Family Law Attorney's Support ① | Establishing and Proving the Circumstances of the False Registration
The client's paternal grandmother (the plaintiff) was aware that her spouse had children from a former marriage at the time of the remarriage decades ago, but she had no blood relationship with them whatsoever.
However, it later came to light that at the time of the remarriage, the spouse filed birth registrations for the children of the former marriage without the plaintiff's consent and falsely recorded the plaintiff as their biological mother.
This issue was discovered when the plaintiff happened to receive a notice of an inheritance-related claim issued in her name. Upon checking her family relation certificate, she learned that a false family relationship had been legally formed without her knowledge.
Key Points of the Attorney's Support
Accordingly, the family law attorney concentrated on proving the timing and circumstances of the false birth registration, as well as the fact that the plaintiff's intent and awareness were not involved at all.
In particular, by analyzing the marriage relation certificate and the birth registration documents from that time, the attorney set out in concrete terms the temporal and factual circumstances under which the plaintiff could not have been recorded as the biological mother.
In addition, where the elderly plaintiff's memory was unclear, the attorney supplemented it with written statements from family members and objective materials.
As a result, the attorney was able to explain persuasively to the court that the birth registration had been carried out by the unilateral act of the spouse, without the plaintiff's consent or involvement.
Family Law Attorney's Support ② | Applying for and Confirming the DNA Test Order
To objectively negate the falsely formed parent-child relationship, the family law attorney applied to the court for an order requiring a DNA test.
In a lawsuit for Confirmation of Non-existence of a Parent-Child Relationship, this is a key procedure for scientifically proving whether a blood relationship exists, and it was a measure taken to secure evidentiary weight beyond a mere assertion.
Summary of the DNA Test Results
: Between the plaintiff and the defendant,
⇒ Combined with the facts of the false birth registration, the appraisal report served as decisive evidence
This appraisal result served as decisive evidence supporting that registering the plaintiff as the defendant's biological mother was a clear error, and it lent strong persuasive force to the court's determination.
Family Law Attorney's Support ③ | Proving the Interest in Confirmation
The family law attorney did not stop at establishing the non-existence of a blood relationship, but also actively argued that the plaintiff had a legal interest in confirmation in this lawsuit.
Key Points in Proving the Interest in Confirmation
∙ Mental distress caused by a legal status that differs from the facts
∙ The need to stabilize the legal status and resolve the uncertainty through the lawsuit
Through this reasoning, the attorney made clear that the plaintiff had filed this lawsuit for the substantive reason of resolving the uncertainty in her legal status.
3. Successful Confirmation of Non-existence of a Parent-Child Relationship
Following the systematic support provided by the family law attorney in the lawsuit for Confirmation of Non-existence of a Parent-Child Relationship, the court clearly recognized that no parent-child relationship existed between the plaintiff and the defendant.
Accordingly, the court granted the plaintiff's claim and rendered a judgment correcting the erroneously recorded portion of the family relations register, and the client was able to be freed from the false family relationship that had been formed without her knowledge for decades.
Information Related to the Lawsuit for Confirmation of Non-existence of a Parent-Child Relationship
A lawsuit for Confirmation of Non-existence of a Parent-Child Relationship is a procedure for obtaining legal confirmation of the non-existence of a parent-child relationship in cases where a person is recorded in the family relations register as standing in a parent-child relationship but in fact no blood relationship exists.
Category | Main Content |
Who May File | A person with a direct interest, such as one who gains a right or is relieved of an obligation depending on whether the parent-child relationship is established |
Filing Period | As long as an interest in the suit exists, may be filed at any time (*However, where a party has died, the suit must be filed within 2 years from the date of learning of the death.) |
Main Evidentiary Documents | · DNA test results · Hospital birth records and birth registration documents · Family written statements and other circumstantial evidence |
This lawsuit goes beyond merely correcting an error on the documents; it is a legal means to fundamentally resolve the inheritance, debt, and administrative disadvantages that may arise from an incorrect family relationship.
In particular, where a birth registration has been made falsely by the unilateral intent of another person, a lawsuit for Confirmation of Non-existence of a Parent-Child Relationship is a reliable means of correcting it.
Need the Help of a Family Law Attorney?
To establish that no parent-child relationship exists, legal issues such as the circumstances of the false registration, the existence of an interest in confirmation, and the standing to file the suit must all be proven together.
Daeryun Law Firm has many family law attorneys who have handled numerous related cases.
In particular, through a dedicated consultation attorney system, the firm precisely organizes the circumstances and legal structure of the case, then assigns a dedicated attorney suited to the case type to secure objective materials and evidence and present them persuasively to the court.
If you are facing an issue concerning a false birth registration or an error in your family relations registration, please feel free to request assistance at any time through 🔗Legal Consultation Reservation.
FAQ Related to Correction of the Register
A. Once the judgment becomes final, the person is no longer legally recognized as a biological child, is excluded from the scope of heirs, and the legal rights and obligations between parent and child are corrected.Q. What effect arises once a judgment confirming the non-existence of a parent-child relationship is obtained?
However, after obtaining the confirmation judgment, you must obtain a certified copy of the judgment and a certificate of finality, and apply for correction of the family relations register at the city, county, or district office having jurisdiction over your place of residence.
A. No. Where one of the parties has died, the suit may be filed against the prosecutor. Q. If the other party has already died, is a lawsuit for confirmation of non-existence of a parent-child relationship impossible?
However, the suit must be filed within 2 years from the date of learning of the death.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
