CONTENTS
- 1. The Client Who Requested a Consultation Regarding a Lawsuit for Confirmation of Non-Existence of a Parent-Child Relationship
- - The Family Law Attorney Who Proposed Filing 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. Lawsuit for Confirmation of Non-Existence of a Parent-Child Relationship, the Assistance Provided for Confirmation
- 3. Result of the Lawsuit for Confirmation of Non-Existence of a Parent-Child Relationship, Claim Granted
1. The Client Who Requested a Consultation Regarding a Lawsuit for Confirmation of Non-Existence of a Parent-Child Relationship
This is the account of a client who needed a lawsuit for confirmation of non-existence of a parent-child relationship.
The client was born out of wedlock and, at the time of birth, was registered on the family register of a person other than the biological mother.
As a result, the mother on the family register differed from the biological mother who had given birth to the client.
In this situation, the client wished to correct the relationship with the mother on the family register, who had already passed away, and to register the proper relationship with the surviving biological mother.
However, the client, who lacked the relevant legal knowledge, wished to proceed with the legal procedures with the help of an expert, and so requested a consultation from a family law attorney.
The Family Law Attorney Who Proposed Filing a Lawsuit for Confirmation of Non-Existence of a Parent-Child Relationship
Having grasped the circumstances of the case through a consultation with the client, the family law attorney proposed that the client pursue both a lawsuit for confirmation of non-existence of a parent-child relationship and a lawsuit for confirmation of existence of a parent-child relationship together.
The proposal was to pursue a 🔗non-existence of a parent-child relationship confirmation lawsuit against the mother on the family register, and a lawsuit for confirmation of existence of a parent-child relationship with the biological mother.
Because the family relationship register can be applied to be corrected after obtaining the court's confirmation in each lawsuit, the attorney proposed this method.
What Is 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 obtaining legal confirmation that a parent-child relationship recorded on the family relationship register does not actually exist.
By contrast, a lawsuit for confirmation of existence of a parent-child relationship is a lawsuit for obtaining legal recognition of an actual biological parent-child relationship.
Through these two types of lawsuits, it is possible to correct an erroneous family relationship and record it accurately.
Because obtaining confirmation in each lawsuit requires evidentiary materials capable of proving the substance of the claim, proceeding with a family law attorney experienced in such cases can be considered prudent.
2. Lawsuit for Confirmation of Non-Existence of a Parent-Child Relationship, the Assistance Provided for Confirmation
For the lawsuit for confirmation of non-existence of a parent-child relationship, the family law attorney analyzed the client's situation in accordance with the legal requirements and then promptly and accurately reviewed the relevant materials while preparing for the lawsuit.
The attorney then assisted as follows so that the client could correct the relationship.
Family Law Attorney, Argument of Non-Existence of a Parent-Child Relationship With the Mother on the Family Register
In order to prove that the mother on the family register did not give birth to the client, the attorney presented various legal grounds and evidence.
Specifically, the attorney submitted medical records and birth-related documents to negate the biological relationship.
In this process, the attorney also highlighted that, at the time of the client's birth, the mother on the family register was in a situation in which she could not actually have given birth, and argued the non-existence of the parent-child relationship.
Family Law Attorney, Proving the Parent-Child Relationship With the Biological Mother Through Genetic Testing
Genetic analysis is recognized as strong evidence for proving a biological relationship between parent and child.
Taking this into account, the family law attorney used genetic test results, which are scientific evidence, in order to prove the parent-child relationship between the client and the biological mother.
3. Result of the Lawsuit for Confirmation of Non-Existence of a Parent-Child Relationship, Claim Granted
As a result of pursuing the lawsuit for confirmation of non-existence of a parent-child relationship and the lawsuit for confirmation of existence, the court issued a judgment granting each claim on the ground that it was well founded.
As a result, the client was able to obtain legal recognition of the relationship with the biological mother and became able to apply for correction of the family relationship register.
The Family Law Attorney's Casebook
The above case was one in which a client who was experiencing difficulties because the mother on the family register differed from the biological mother requested legal assistance from a family law attorney in order to make a correction.
At Daeryun Law Firm, family law attorneys with extensive experience collaborate with various experts suited to each field of a case to establish a tailored strategy for each case.
They also provide follow-up management after the lawsuit by guiding clients through the related legal procedures.
If you are someone who needs legal procedures before a 🔗register correction, please feel free to use the 🔗legal consultation booking to entrust a family law case at any time.
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.
