CONTENTS
- 1. Confirmation of Non-Existence of a Parent-Child Relationship | The Story of the Client Who Needed It
- - Proposal of a Lawsuit for Confirmation of Non-Existence of a Parent-Child Relationship
- - What Is a Lawsuit for Confirmation of Non-Existence of a Parent-Child Relationship?
- 2. Assistance Provided for the Confirmation of Non-Existence of a Parent-Child Relationship
- 3. Confirmation of Non-Existence of a Parent-Child Relationship Secured
1. Confirmation of Non-Existence of a Parent-Child Relationship | The Story of the Client Who Needed It
To obtain a confirmation of non-existence of a parent-child relationship, the client came to a family attorney in order to receive legal assistance.
This was because the client's spouse had a stepchild.
This stepchild was a child whom the mother had arbitrarily registered in the spouse's family register while the spouse was unmarried.
However, the client married without knowing this, and learned of it by chance while organizing documents after the spouse's death.
Accordingly, in order to prevent any legal dispute over inheritance in advance, the client wished to obtain legal confirmation that no parent-child relationship existed between the spouse and the stepchild.
In this process, the client needed legal assistance and, in the end, requested a consultation with a family attorney.
Proposal of a Lawsuit for Confirmation of Non-Existence of a Parent-Child Relationship
After hearing the client's account, the family attorney proposed a 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 legally confirming that there is no blood relationship between the parties, and it is a lawsuit to correct, for example, a parent-child relationship erroneously recorded in a family relation certificate.
This lawsuit is often filed mainly when there was a false birth report, or when a child brought into the home was reported as born under the family register of a husband in an extramarital relationship.
Because a lawsuit for confirmation of non-existence of a parent-child relationship brings about the addition, deletion, or correction of the legally registered family relationship itself, it can be said to have a profound effect on kinship and inheritance.
What Is a Lawsuit for Confirmation of Non-Existence of a Parent-Child Relationship?
Anyone who, through a confirmation of non-existence of a parent-child relationship, may acquire a particular right or be relieved of an obligation may file the lawsuit.
If a party to the parent-child relationship files the lawsuit, the other party may be named as the defendant.
This lawsuit takes at least about 5 months and, depending on the circumstances, may take up to around 10 months.
If a final judgment is obtained through a lawsuit for confirmation of non-existence of a parent-child relationship, an application to correct the family relation register must be filed with the city, county, or district office having jurisdiction over the place of residence.
2. Assistance Provided for the Confirmation of Non-Existence of a Parent-Child Relationship
For the confirmation of non-existence of a parent-child relationship, the family attorney actively assisted by submitting a complaint containing the following.
Explaining in Detail How the Defendant Came to Be Registered in the Family Register
The family attorney explained in detail, in chronological order, how the defendant came to be registered in the family register of the client's spouse.
Proving That the Defendant Is the Child of a Third Party
The family attorney requested a court-commissioned genetic analysis between the defendant and a third party presumed to be the defendant's biological mother.
As a result, it was possible to prove that the defendant was the child of a third party rather than of the client's spouse.
3. Confirmation of Non-Existence of a Parent-Child Relationship Secured
As a result of the family attorney's assistance, the court ruled that no parent-child relationship existed between the defendant and the client's spouse.
If You Need a Paternity Confirmation Lawsuit
The above case was one in which a client who wished to legally confirm that no parent-child relationship existed proceeded with a lawsuit through a family attorney.
Through the lawsuit for confirmation of non-existence of a parent-child relationship, the client was able to prevent, in advance, an inheritance dispute that could arise in the future.
A paternity confirmation lawsuit of this kind is an important procedure for resolving past erroneous family relationships or unregistered family relationships.
Daeryun Law Firm is organized around family attorneys registered with the Korean Bar Association, and establishes a response strategy based on a review of the facts and the legal principles of the case.
If you are in a situation that requires a paternity confirmation lawsuit, such as confirmation of non-existence of a parent-child relationship, please confirm a response strategy suited to your current situation through the 🔗Family Attorney Legal Consultation Booking.
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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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