Page title background (PC version)Page title background (mobile version)

Deals & Cases

Confirmation of non-existence of biological parentage

Confirmation of Non-Existence of a Parent-Child Relationship Litigation Assistance | The Claim in the Litigation to Confirm the Non-Existence of a Parent-Child Relationship Was Granted

The client, who requested a consultation regarding a lawsuit for confirmation of non-existence of a parent-child relationship, requested assistance after discovering an unknown person registered in the family relation register while proceeding with inheritance following the death of the client's father.

CONTENTS
  • 1. The Client Who Sought Us Out to File Litigation to Confirm the Non-Existence of a Parent-Child Relationship
    • - The Circumstances of the Case as Identified by the Family Law Attorney
  • 2. How to File Litigation to Confirm the Non-Existence of a Parent-Child Relationship
    • - How to Secure Evidence to Confirm the Non-Existence of a Parent-Child Relationship
  • 3. The Family Law Attorney's Strategy for Litigation to Confirm the Non-Existence of a Parent-Child Relationship
    • - Family Law Attorney's Assistance (1) | Comprehensive Review of the Family Relations Register and Removed Family Register
    • - Family Law Attorney's Assistance (2) | Application for a Commissioned Genetic Examination
    • - Family Law Attorney's Assistance (3) | Proving the Severance of the Factual Living Relationship
  • 4. Litigation to Confirm the Non-Existence of a Parent-Child Relationship Outcome, 'A Parent-Child Relationship Does Not Exist'
    • - If You Need to Resolve a Family Law Matter

1. The Client Who Sought Us Out to File Litigation to Confirm the Non-Existence of a Parent-Child Relationship

Circumstances of a Confirmation of Non-existence of a Parent-Child Relationship Lawsuit Case Study



This is a case in which the client who brought a confirmation of non-existence of a parent-child relationship lawsuit, through the assistance of a family law specialist attorney, proceeded with the confirmation of non-existence of a parent-child relationship lawsuit, obtained the desired result, and was able to proceed smoothly with the inheritance procedures.

The Circumstances of the Case as Identified by the Family Law Attorney

In the past, the client's father had, at the request of his remarried spouse, temporarily registered in the family register a child that the woman had brought with her.

It was a temporary measure for the child's school enrollment, and several decades passed thereafter without any contact with the child.

Recently, while preparing the inheritance procedures after his father's death, the client discovered that a person he did not remember was registered as a child in the family relations register.

This created the possibility of an unexpected inheritance dispute, and the client therefore sought out a family law attorney in order to pursue a lawsuit for confirmation of non-existence of a parent-child relationship.

2. How to File Litigation to Confirm the Non-Existence of a Parent-Child Relationship

A lawsuit for confirmation of non-existence of a parent-child relationship is a procedure for legally establishing that no actual blood relationship exists between a person registered as a legal child and another.

Under Article 865 of the Civil Act, if it can be proven that no actual parent-child relationship exists, confirmation may be sought from the court.

In sensitive situations such as inheritance in particular, a prompt response is necessary.


Article 865 (Lawsuit for Confirmation of Existence or Non-existence of a Parent-Child Relationship on Other Grounds)

① A person who may file a lawsuit under the provisions of Articles 845, 846, 848, 850, 851, 862, and 863 may file a lawsuit for confirmation of the existence or non-existence of a parent-child relationship on other grounds.

How to Secure Evidence to Confirm the Non-Existence of a Parent-Child Relationship

A lawsuit for confirmation of non-existence of a parent-child relationship proceeds by conciliation or adjudication of the family court, and in this case the burden of proof lies with the plaintiff who filed the suit.

Accordingly, it is very important to prove, through objective evidence, that there is no blood relationship.

The key evidence that may be used in the lawsuit is as follows.


∙ Genetic (DNA) test results

∙ Circumstantial materials at the time of birth

∙ Obstetrics and gynecology and hospital medical records

∙ Witness statements and other materials such as texts and messages

3. The Family Law Attorney's Strategy for Litigation to Confirm the Non-Existence of a Parent-Child Relationship

Family law attorney, confirmation of non-existence of a parent-child relationship lawsuit, scope of assistance, case study



Before bringing a lawsuit for confirmation of non-existence of a parent-child relationship, the family law attorney organized the issues of the case as follows.

- Even if there was a formal birth registration, the grounds and burden of proof for proving the absence of an actual parent-child relationship

- Determination of the proper respondent and the filing period for a lawsuit for confirmation of non-existence of a parent-child relationship brought after the death of the deceased


On the basis of these issues, the family law attorney prepared the lawsuit centering on a strategy of clarifying the facts and proving the matter through genetic testing.

Family Law Attorney's Assistance (1) | Comprehensive Review of the Family Relations Register and Removed Family Register

The family law attorney closely analyzed official documents such as the family relations register and the removed family register in order to ascertain how the defendant had come to be registered as a child of the deceased.

He concentrated on demonstrating that the registration in the family register had not been a voluntary adoption or a proper birth report, but a formal report made simply for convenience.

Family Law Attorney's Assistance (2) | Application for a Commissioned Genetic Examination

To objectively prove that the parent-child relationship did not actually exist, a genetic test was requested through the court.

The result of the DNA comparison of the defendant confirmed that there was no biological parent-child relationship, and this served as the key evidence in the litigation.

Family Law Attorney's Assistance (3) | Proving the Severance of the Factual Living Relationship

The attorney emphasized that there had been no contact or interaction whatsoever between that defendant and the deceased for decades.

Proving that there were no materials supporting the maintenance of any relationship, such as telephone calls, visit records, or messages, the attorney persuasively presented to the court that no substantive family relationship had existed.

4. Litigation to Confirm the Non-Existence of a Parent-Child Relationship Outcome, 'A Parent-Child Relationship Does Not Exist'

Outcome of a Lawsuit for Confirmation of Non-Existence of a Parent-Child Relationship and the Need to Retain an Attorney



Based on the arguments and proof of the family law attorney who handled the lawsuit for confirmation of non-existence of a parent-child relationship, the court legally confirmed that no parent-child relationship existed between the deceased and the defendant.

Accordingly, the plaintiff’s claim was granted in full, and the legal uncertainty in the inheritance relationship was also able to be resolved.

If You Need to Resolve a Family Law Matter

A family case is a complex matter that goes beyond mere legal determination, with an individual's life and emotions deeply intertwined.

The more sensitive such a case is, the more important it is to diagnose it properly from the outset and respond systematically.

Through a system of dedicated consultation lawyers who accurately analyze various case types, Daeryun Law Firm quickly grasps the core of a case from the initial stage.

Based on an accurate diagnosis, the firm assigns an experienced lawyer for each case type and takes prompt and accurate measures even in urgent situations.

Once the diagnosis is complete, an expert and group suited to the case is assigned, working together as a team rather than alone to seek a solution.

If you need to resolve a family case, please request your case at any time through a 🔗legal consultation reservation.

Watch related video content
for this case study.

  1. Case studies on understanding inheritance and gift taxes and utilizing the family business succession system

친생자관계부존재확인소송

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.

Related Information
Background

Daeryun's Key Strengths

Daeryun's exclusive AI · IT
litigation strategies
Over 260
key members
1,200+ cases
handled monthly

* January 2026 Bar Association Transit Permit Issuance Criteria

*Complies with Korean Bar Association Advertising Regulations Article 4 Paragraph 1

Attorney
Legal consultation booking

All consultations are conducted by specialized lawyers after reviewing the case. It is carried out on a reservation basis to ensure a professional process.We encourage you to make an early reservation for consultation, and request adherence to the scheduled time. We will do our best to provide a satisfying consultation.

Phone
consultation 1800-7905

Available 24/7, 365 days
for consultation requests

Phone booking

KakaoTalk
consultation

KakaoTalk channel

Daeryun Law Firm Attorneys

KakaoTalk booking

Online
consultation

We provide tailored
legal services.

Online booking
Quick Menu

KakaoTalk