CONTENTS
- 1. The Client Who Faced an Action for Denial of Paternity
- - What Is an Action for Denial of Paternity?
- - The Client’s Explanation of the Case
- 2. Assistance Provided in the Action for Denial of Paternity
- 3. Action for Denial of Paternity, Plaintiff’s Claim Dismissed
1. The Client Who Faced an Action for Denial of Paternity
This is the story of a client who faced an action for denial of paternity.
The client and the client’s younger sibling reportedly suffered from their father’s verbal and physical abuse from a young age.
Having cut off contact with the father several years earlier, the client then received the complaint for this action for denial of paternity.
The client believed that this, too, had been filed by the father to harass them and wished to respond legally.
To this end, while seeking a family law attorney with legal knowledge of the matter and experience handling similar cases, the client came to Daeryun.
What Is an Action for Denial of Paternity?
An action for denial of paternity is a lawsuit filed to rebut the presumption of paternity where a child is presumed under the Civil Act to be the offspring of the registered father but is not in fact, and it is the process of denying the legal parent-child relationship.
① A child conceived by a wife during marriage is presumed to be the child of the husband.
② A child born after 200 days from the date the marriage was formed is presumed to have been conceived during the marriage.
In most cases, it is filed to rebut a birth registration that was made on the belief that the child was one’s own but where the child turned out not to be one’s biological offspring.
An action for denial of paternity may be filed by either the father or the mother, and the child or the other parent becomes the defendant in the suit.
To file this action, it is brought before the family court with jurisdiction over the child’s place of residence, and conciliation may first be attempted before the litigation.
Because the action may be filed only within two years from the day one learns that the child is not one’s biological offspring, prompt preparation is necessary.
In that process, receiving the assistance of a family law attorney who well understands the flow of the litigation and the legal requirements may allow the case to be prepared more smoothly.
The Client’s Explanation of the Case
As noted above, an action for denial of paternity is usually filed where a child is not one’s biological offspring.
In the client’s case, however, even though the children were clearly the father’s biological offspring, the father filed the action for the purpose of harassing the client and the sibling.
In such a case the lawsuit can be said to be highly unjust, so it was necessary to respond legally and obtain a judgment dismissing the plaintiff’s claim.
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2. Assistance Provided in the Action for Denial of Paternity
The family law attorney once again reviewed the complaint for the action for denial of paternity that the client had received.
The attorney then argued as follows and requested that the plaintiff’s claim be dismissed.
Argument That the Plaintiff Habitually Inflicted Domestic Violence on the Defendants
The plaintiff (the father) habitually subjected the defendants (the client and the sibling) to violence and verbal abuse from a young age.
In response, the defendants cut off contact with the plaintiff as they became adults, and the attorney argued that the plaintiff, displeased by this, filed the action for the purpose of harassing the defendants.
Argument That the Defendants Are the Plaintiff’s Biological Offspring
A genetic test was conducted to prove that the defendants are the plaintiff’s children.
The test report was then submitted, arguing that they are indeed the plaintiff’s biological offspring.
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3. Action for Denial of Paternity, Plaintiff’s Claim Dismissed
As a result of the family law attorney’s dedicated assistance in defending against the action for denial of paternity, a judgment dismissing the plaintiff’s claim was obtained.
If You Are Facing Family Litigation
In the case above, the client suddenly faced an 🔗action for denial of paternity from a father who had habitually inflicted domestic violence, and the client requested a consultation with a family law attorney to mount a defense.
At Daeryun Law Firm, family law attorneys directly assist clients facing family litigation throughout the entire process, from the initial consultation to representation at trial.
If you are facing family litigation as described above, please feel free to use the 🔗legal consultation booking with a family law attorney at Daeryun, Korea’s ninth-largest law firm (based on 2025 value-added tax filings with the National Tax Service).
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.
