CONTENTS
- 1. The Client Who Sought Confirmation of Non-Existence of a Parent-Child Relationship
- - What Is a Suit for Confirmation of Non-Existence of a Parent-Child Relationship?
- 2. Assistance for a Suit for Confirmation of Non-Existence of a Parent-Child Relationship
- 3. The Result of the Suit for Confirmation of Non-Existence of a Parent-Child Relationship, Recognition That No Parent-Child Relationship Exists
1. The Client Who Sought Confirmation of Non-Existence of a Parent-Child Relationship
The account of the client who requested help with a suit for confirmation of non-existence of a parent-child relationship is as follows.
A Daeryun family law attorney grasped the case in detail through a thorough consultation with the client and began preparing for the lawsuit.
What Is a Suit for Confirmation of Non-Existence of a Parent-Child Relationship?
🔗non-existence of a parent-child relationship A suit for confirmation of non-existence is a lawsuit to correct a parent-child or similar relationship that has been wrongly recorded on a family relation certificate or the like.
This is because, even if a genetic test clearly proves that a person is not one's biological child, the administrative records are not automatically corrected.
A wrongly recorded family relation can be corrected and changed only when there is a judgment from a court judge.
This is precisely a suit for confirmation of non-existence of a parent-child relationship.
In the past, a person qualified as a plaintiff in a suit for confirmation of non-existence of a parent-child relationship could file such a suit on the sole basis of holding the relevant family status, as long as that person was a relative under Article 777 of the Civil Act.
However, in 2020, the Supreme Court changed its precedent, holding that even a relative under Article 777 of the Civil Act may have standing as a plaintiff only if that person has a "legal interest." (Supreme Court, June 18, 2020, 2015Meu8351)
∙Article 777 of the Civil Act (Scope of Relatives): blood relatives within the eighth degree, relatives by marriage within the fourth degree, and a spouse
In most cases, the contents of the family relation register and the actual family relations do not differ, but where they differ from reality, a correction procedure must be carried out to prevent problems such as those concerning inheritance and support obligations.
Representative examples of suits for confirmation of non-existence of a parent-child relationship include ▲a false birth report, ▲a case where a child born out of wedlock is registered through a birth report and the report takes effect as an acknowledgment, ▲a child born between a common-law couple, and ▲a case where a parent-child relationship is established through acknowledgment by the biological father.
A suit for confirmation of non-existence of a parent-child relationship may be filed at any time, but where one of the parties has died and the suit is filed against a prosecutor, it must be filed within 2 years from the date the death became known.
2. Assistance for a Suit for Confirmation of Non-Existence of a Parent-Child Relationship
The client who requested help with a suit for confirmation of non-existence of a parent-child relationship is registered as the "mother" on the family relation register but is not the client's biological mother.
The plaintiff's biological mother was the late Ms. A, a third party, but because Ms. A was not the father's lawful wife, the client could only be recorded as the defendant's son at the time.
For the client's suit for confirmation of non-existence of a parent-child relationship, the family law attorney argued that it must be clearly proven that no biological mother and child relationship exists between the plaintiff and the defendant, and that the family relation register must be corrected to match the actual relationship.
The family law attorney proved the existence or non-existence of the parent-child relationship through the results of a genetic test of the client and the defendant.
3. The Result of the Suit for Confirmation of Non-Existence of a Parent-Child Relationship, Recognition That No Parent-Child Relationship Exists
As a result of the suit for confirmation of non-existence of a parent-child relationship, the client was able to obtain a court judgment that no parent-child relationship exists between the client and the defendant.
A suit for confirmation of non-existence of a parent-child relationship is not simply a matter of denying a family relationship; it requires proving its legal non-existence, and therefore involves complex procedures and rules.
It also affects not only an individual's personal legal status but also subsequent legal matters, so it requires specialized knowledge and thorough preparation.
Daeryun Law Firm, centered on attorneys with extensive experience in suits for confirmation of non-existence of a parent-child relationship, provides a meticulous strategy to achieve the result the client seeks.
If you are seeking an 🔗attorney recommendation for a suit for confirmation of non-existence of a parent-child relationship in a situation like the one above, please reach out to Daeryun Law Firm.
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.
