Lawsuit to Confirm the Non-Existence of a Parent-Child Relationship | Assisting a Client Seeking to Dissolve an Adoptive Parent-Child Relationship

A lawsuit to confirm the non-existence of a parent-child relationship is a lawsuit to correct parent-child, sibling, and similar relationships that have been erroneously recorded on the family relation certificate and other documents.

This lawsuit may typically be pursued in the following cases.

Dissolution of adoption is an act that terminates the adoptive parent-child relationship created by adoption, and there are two types: dissolution by agreement and judicial dissolution.

Dissolution of adoption is possible by agreement between the adoptive parents and the adoptee, and takes effect upon the report of dissolution.

If no agreement on dissolution is reached and there is a statutory ground for dissolution, the adoption may be dissolved through court proceedings.

The typical grounds for a judicial dissolution of adoption are as follows.

-If the adoptive parents have abused or abandoned the adoptee or otherwise significantly harmed the welfare of the adoptee

-If the adoptive parents have received grossly unfair treatment from the adoptee
(Grossly unfair treatment means physical or mental abuse, neglect, insult, and similar conduct inflicted on the adoptee or the adoptive parents.)

-If the whereabouts of the adoptive parents or the adoptee have been unclear for at least three years
(Unclear whereabouts means a state in which it cannot be proven at all whether the adoptee is alive or dead.)

-If there is any other serious ground that makes it difficult to continue the adoptive parent-child relationship
(A serious ground means a case judged, in light of ordinary social relations, to make it difficult to maintain the adoptive parent-child relationship.)

The attorney in charge argued that the client had received grossly unfair treatment from the defendants and emphasized the necessity of dissolving the adoption.

The defendants subjected the young client to continuous abuse, beating him every day, making him stand as punishment for not studying well, and depriving him of sleep.

Having spent such a childhood, the client was always lonely and reached adulthood enduring everything alone, with no one to rely on.

Then, the client happened to learn from a phone call of the defendants that he had been adopted.

The startled client repeatedly confirmed whether he had in fact been adopted, but the defendants, far from showing concern for the client who had learned the truth, displayed an absurd attitude, saying, 'You should not take in a stray.'

The client was deeply hurt by the fact of his adoption and the defendants' attitude.

In addition, the client was placed in the unreasonable situation of having to bear a duty of support toward the defendants, who had failed to fulfill their role as parents.

The attorney in charge emphasized that the client had brought this 🔗non-existence of a parent-child relationship lawsuit in order to set the legal relationship right, even at this late stage.

The attorney in charge submitted, as evidence, the appraisal results showing that no biological parent-child relationship existed between the client and the defendants.