CONTENTS
- 1. The Client Who Came for a Suit for Confirmation of Non-Existence of a Parent-Child Relationship
- - The Family Law Attorney's Assistance for the Suit for Confirmation of Non-Existence of a Parent-Child Relationship
- - Result of the Assistance in the Suit for Confirmation of Non-Existence of a Parent-Child Relationship
- 2. The Concept and Procedure of Confirmation of Non-Existence of a Parent-Child Relationship
- - Cases Requiring a Suit for Confirmation of Non-Existence of a Parent-Child Relationship
- - The Procedure of a Suit for Confirmation of Non-Existence of a Parent-Child Relationship
- 3. Evidence and Response for a Suit for Confirmation of Non-Existence of a Parent-Child Relationship
- - Evidence Needed in a Suit for Confirmation of Non-Existence of a Parent-Child Relationship
- - Action to Confirm the Non-existence of a Parent-Child Relationship, If You Need Legal Assistance
1. The Client Who Came for a Suit for Confirmation of Non-Existence of a Parent-Child Relationship
The client who came for a suit for confirmation of non-existence of a parent-child relationship had divorced a spouse and then married another person, continuing the married life.
Then one day, the client learned that a child who had no blood relationship at all with the client was recorded as a child on the family relationship register.
The client and the former spouse had completed their divorce 5 years earlier and had begun living separately, but the date of birth of the child recorded on the family relationship register was 4 years earlier.
Accordingly, in order to correct the false parent-child relationship, the client requested this firm's family law attorney for assistance with a suit for confirmation of non-existence of a parent-child relationship.
The Family Law Attorney's Assistance for the Suit for Confirmation of Non-Existence of a Parent-Child Relationship
The family law attorney concentrated on proving that there was no substantive parent-child relationship under Article 865 of the Civil Act.
(1) A person who may bring a suit under the provisions of Articles 845, 846, 848, 850, 851, 862, and 863 may bring a suit for confirmation of the existence or non-existence of a parent-child relationship based on other causes.
Accordingly, the attorney proposed a response in the direction of conducting a genetic test, applying for an order to undergo the test, and reviewing the relevant legal principles.
The Family Law Attorney's Assistance ① Proving the False Parent-Child Relationship
First, in order to deny the false parent-child relationship, a genetic test was conducted.
The result of the genetic test clearly proved that no parent-child relationship existed between the client and the defendant, and this was used as compelling evidence in the suit for confirmation of non-existence of a parent-child relationship.
The Family Law Attorney's Assistance ② Proving the Circumstances at the Time of Birth
In order to prove that the client and the former spouse had completed an uncontested divorce 5 years earlier, a divorce report, a certified copy of the register, and other materials were submitted.
Accordingly, the attorney argued that, at the time of the defendant's birth 4 years earlier, the client and the former spouse had already completed their divorce and were living separately, emphasizing that the defendant's birth had nothing to do with the client.
The Family Law Attorney's Assistance ③ Proving the Interest in Confirmation
Referring to the disadvantages in inheritance and debt that the client would suffer due to the false entry on the family relationship register, the attorney argued that the client had a substantive reason of ‘resolving the instability of legal status.’
Accordingly, the attorney emphasized that this suit for confirmation of non-existence of a parent-child relationship presented the client with a legal interest in confirmation.
Result of the Assistance in the Suit for Confirmation of Non-Existence of a Parent-Child Relationship
As a result of the family law attorney's assistance, the court ruled that no parent-child relationship existed between the client and the defendant.
Accordingly, the client prevailed in the suit for confirmation of non-existence of a parent-child relationship and was able to safely resolve the false parent-child relationship with the defendant.
2. The Concept and Procedure of Confirmation of Non-Existence of a Parent-Child Relationship
A suit for confirmation of non-existence of a parent-child relationship is a procedure to legally confirm that no parent-child relationship exists between the parties.
When non-existence of a parent-child relationship is recognized, family relationships can be legally added, deleted, or modified, which has a significant effect on the division of property, debt, inheritance, and the like.
Cases Requiring a Suit for Confirmation of Non-Existence of a Parent-Child Relationship
Type |
|---|
In the case of a false birth report |
In the case where a child born out of wedlock was reported as a birth, giving rise to the effect of acknowledgment |
A child born between a couple in a common-law marriage |
In the case where a child brought in was reported as a birth in the family register of a man in a de facto relationship |
In the case where a parent-child relationship was established by the biological father's acknowledgment |
A suit for confirmation of non-existence of a parent-child relationship may be brought by anyone who is a person with a direct interest, such as obtaining a particular right or being relieved of an obligation through it.
There is no separate limit on the filing period, but when a party has died, the suit must be brought within 2 years from the date of becoming aware of the fact of the death.
The Procedure of a Suit for Confirmation of Non-Existence of a Parent-Child Relationship
In a suit for confirmation of non-existence of a parent-child relationship, which evidence is submitted at the initial stage of filing the complaint has a major effect on the entire procedure.
Thereafter, proof of the facts becomes the core during the trial process, and after the judgment becomes final, the correction of the family relationship register must necessarily follow for the effect to be completed.
3. Evidence and Response for a Suit for Confirmation of Non-Existence of a Parent-Child Relationship
In a suit for confirmation of non-existence of a parent-child relationship, in principle, the result of a genetic test serves as the most decisive evidence.
However, when the other party refuses a genetic test without a justifiable reason or when the test is objectively impossible, indirect evidence may exceptionally be considered together in making the determination.
In such cases, mere lifestyle materials or some statements are insufficient, and numerous strong indirect facts must accumulate, such as the circumstances of the birth, the non-existence of a marital relationship, long-term non-cohabitation, the absence of support or interaction, and consistent testimony from people around them, for the non-existence of a parent-child relationship to be recognized.
Evidence Needed in a Suit for Confirmation of Non-Existence of a Parent-Child Relationship
Category | Key Content |
Review of Public Documents | Through a family certificate, a removed family register, and the like, confirming the background of the parent-child registration and whether there was a procedural error |
Genetic Appraisal | Key evidence that scientifically proves the non-existence of a blood relationship through the result of a DNA test |
Lifestyle Relationship Materials | Securing materials that show that they did not reside together or had no interaction |
Statements and Testimony | Supplementing the credibility of the facts through the parties' statements and the testimony of people around them |
Action to Confirm the Non-existence of a Parent-Child Relationship, If You Need Legal Assistance
For an action to confirm the non-existence of a parent-child relationship, you must thoroughly prepare the relevant documents and take care that nothing is omitted during the preparation and submission of the complaint.
gathering evidentiary materials to complying with court procedures, receiving the assistance of a family law attorney allows you to respond more smoothly.
We organize the circumstances under which the family relationship at issue arose in connection with the non-existence of a parent-child relationship, and we clarify the points that can be legally contested.
▶ Gathering Evidence and Procedural Support
We organize the materials needed to prove the non-existence of a parent-child relationship and, where necessary, support procedures such as filing a motion for a genetic testing order.
▶ Advisory on Conducting the Litigation
We review whether to file the action and the direction it should take, reduce unnecessary disputes, and advise on a response suited to the circumstances.
For matters relating to a parent-child relationship, organizing the facts and making an early assessment are important.
If you need the assistance of a family law attorney, please request support through a 🔗Legal Consultation Reservation.
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.
