CONTENTS
- 1. The Client Who Requested a Consultation Regarding a Suit for Confirmation of Non-Existence of a Parent-Child Relationship
- - Once a False Birth Registration Is Confirmed, Through What Procedure Is It Corrected?
- 2. Support Provided by the Family Law Specialist Attorney in the Suit for Confirmation of Non-Existence of a Parent-Child Relationship
- - Result of the Support for the Suit for Confirmation of Non-Existence of a Parent-Child Relationship: Granted in Full
- 3. FAQ on the Suit for Confirmation of Non-Existence of a Parent-Child Relationship
1. The Client Who Requested a Consultation Regarding a Suit for Confirmation of Non-Existence of a Parent-Child Relationship
The client who requested a consultation regarding a suit for confirmation of non-existence of a parent-child relationship, a long time after her remarriage, belatedly learned that an unfamiliar child had been entered in her family relationship register without her consent.
The client had been entirely unaware that the other party had, without her consent, registered the births of his children from a former marriage with the client listed as their biological mother.
Later, after receiving a creditor's notice of assignment and becoming suspicious, she obtained a family relationship certificate, and in that process she confirmed for the first time that the defendant was registered as the client's child and that the client was listed as the defendant's biological mother.
As the false entry was maintained over a long period, the client suffered psychological distress and anxiety, and she resolved to file a lawsuit to correct the family relationship register entry before it was too late.
Issue | Point the Court Looks At |
Circumstances of the false entry | Whether the plaintiff was involved in or consented to the birth registration |
Scientific proof | Whether the non-existence of the mother-child relationship is confirmed by genetic testing |
Benefit of confirmation | Whether a confirmation judgment is necessary to correct the register |
Once a False Birth Registration Is Confirmed, Through What Procedure Is It Corrected?
Even if a parent-child relationship is entered in the family relationship register, if there is no actual blood relationship, you obtain confirmation through a court judgment that the relationship does not exist and proceed to a correction procedure.
In particular, a suit for confirmation of non-existence of a parent-child relationship is a procedure for correcting a legal parent-child relationship that has been formed even though there is no actual blood relationship.
If there is a concern that the false entry may create confusion in legal relationships such as inheritance or debts, the claim can be made on the basis of a legal interest (the benefit of confirmation) for correcting the register.
Once the judgment becomes final, correction of the family relationship register becomes possible, and the result may also affect legal relationships overall, such as the scope of heirs and property relations.
Category | Key Content |
|---|---|
Complaint Preparation | Organizing the circumstances of the non-existence of the parent-child relationship and the purpose of the claim |
Evidentiary Materials | Family relationship documents and genetic test results |
Supporting Materials | Circumstances of separation and related statement materials |
After Judgment | Application for correction of the family relationship register |
In principle, there is no set limitation period for filing, but where a party has died, the suit must be filed within 2 years from the date on which the death became known.
2. Support Provided by the Family Law Specialist Attorney in the Suit for Confirmation of Non-Existence of a Parent-Child Relationship
A suit for confirmation of non-existence of a parent-child relationship is not sufficient on assertion alone, and requires the circumstances of the facts, objective evidence, and procedural consistency together.
The firm's family law specialist attorney organized this case in the following order.
1. Organizing the Circumstances of the False Registration and the Written Strategy
First, centering on the point that the plaintiff had never been involved in or consented to the birth registration process, the attorney organized the flow of events in chronological order.
The attorney designed the structure of the complaint and the supplementary brief so that 'when, in what manner, and why the entry was made without the plaintiff's knowledge' could be understood by the court at once.
2. Application for an Examination Order and Conduct of Genetic Testing
The plaintiff conducted genetic testing through an application for an examination order.
As a result, she secured a genetic test report showing that the plaintiff was not the defendant's biological mother and submitted it as key evidence to complete the proof structure.
3. Proof of the Benefit of Confirmation and Procedural Management
The plaintiff experienced real confusion, such as creditor notices, due to the false parent-child relationship entry.
On this basis, the family law specialist attorney made clear that the plaintiff had a legal interest in seeking confirmation of the non-existence of the parent-child relationship in order to correct the family relationship register.
The attorney also managed the progress of the case so that the procedure would not be interrupted, handling responses to correction orders, extensions of the correction deadline, and submission of the supplementary brief.
Result of the Support for the Suit for Confirmation of Non-Existence of a Parent-Child Relationship: Granted in Full
Based on the submitted evidence, including the genetic test report, the court determined that it was clear the plaintiff was not the defendant's biological mother.
It also found that there was confusion in legal relationships due to the false entry and that a legal interest in correcting the register was therefore recognized.
Accordingly, a judgment confirming that no parent-child relationship exists between the plaintiff and the defendant was pronounced.
3. FAQ on the Suit for Confirmation of Non-Existence of a Parent-Child Relationship
Q. In a suit for confirmation of non-existence of a parent-child relationship, is genetic testing absolutely required?
A. It varies from case to case, but where the non-existence of a parent-child relationship is being contested, genetic test results often serve as the clearest evidence. In particular, conducting it through the court's examination order procedure gives it higher credibility.
A. It is not corrected automatically. After the judgment becomes final, you must obtain a certified copy of the judgment and a certificate of finality and carry out a separate correction application procedure. This is not a simple family matter but a matter directly connected to legal status. It is important to check together the organization of the circumstances, the design of the genetic testing, the proof of the benefit of confirmation, and the post-judgment correction procedure.Q. After a judgment in a suit for confirmation of non-existence of a parent-child relationship, is the register corrected automatically?
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This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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