[Denial of Paternity Suit Favorable Judgment Case] Denial of Paternity Suit Obtains a Swift Result

The client who came to file a denial of paternity suit against the opposing party was a father working away from home, separated from his family.

While he was living apart from his family, his wife gave birth to their youngest child, and because the timing of the birth was suspicious, he conducted a blood type test right after the birth.

However, confirming the test result took a long time, and he felt guilty and blamed himself for distrusting the opposing party and secretly conducting such a test.

In the end, he was unable to confirm the result and left again for another region due to work, so the matter naturally ended as an incident of no consequence.

Years later, each time he saw the youngest child, the appearance did not resemble him, which reminded him of the blood type test he had conducted a few years earlier, and he conducted a DNA test once more.

After confirming the genetic mismatch, he came to file a denial of paternity suit. He visited Daeryun to proceed with the attorney's assistance.

The denial of paternity suit has relevant provisions in the Civil Act.

• Civil Act Article 847 (Suit for Denial of Paternity)

A suit for denial of paternity shall be filed by the husband (夫) or the wife (妻) against the other party or the child (子) within 2 years from the date on which the person learned of the existence of such ground.

• Civil Act Article 852 (Extinction of the Right to Deny Paternity)

A person who has acknowledged the child as a biological child after the child's birth may not again file a suit for denial of paternity.

Let us review this matter based on these statutes.

After the complaint was filed, two responses came from the opposing party, and a rebuttal brief was submitted in response.

■ Regarding the argument that, because the client already knew at the time of the blood type test conducted after the child's birth that the child was not his biological child, filing the suit now, more than 2 years from that date, is impossible because 2 years have elapsed.

The attorney argued that the client came to learn that the child was not his biological child through a subsequent DNA test, and that at the time of the blood type test he had only suspected that the child was not his and had not confirmed the precise test result.

■ Regarding the argument that, because the client raised the youngest child and emotionally accepted the youngest child as his biological child, he is not entitled to file the suit.

The attorney argued that the client had truly believed the youngest child to be his own and treated the child like his biological child, but had never legally acknowledged the child as his biological child and raised the child as such, and that if he had known from the outset that the child was not his biological child, he would have filed the suit long ago.

A denial of paternity suit is a case in which a swift result can be reached if there are materials to prove the circumstances and the assistance of an experienced attorney.

Because Daeryun Law Firm has a family law case team of three or more members handle the case, it does its utmost to reach the desired result as quickly as possible to suit the client's situation.

Even with a child one has raised as one's own for a long time, failing to settle the legal relationship can make matters more difficult should a problem arise later. You may receive an accurate and prompt consultation from an experienced attorney to protect your rights.