Family Law Specialist Attorney Assistance Case | Defense Against an Action for Confirmation of Non-Existence of a Parent-Child Relationship

The client was the eldest daughter of five siblings and had grown up her entire life as her father's daughter.

However, when the father passed away, the younger siblings demanded that she renounce her inheritance, claiming that "our older sister is a child born out of wedlock whom our mother bore before marrying our father, so she is not a biological child and has no right of inheritance."

Furthermore, one of the younger siblings even filed an action against the client for confirmation of non-existence of a parent-child relationship.

In response, the client, emphasizing the fact that her father had personally registered her birth and had raised her as his own daughter, requested help from our family law specialist attorney in order to protect her right of inheritance.

The key issue in this family case was whether, even in the absence of a blood relationship, a legal adoptive parent-child relationship can be deemed to have been established where the father registered the birth as that of a biological child with the intent to adopt.

The younger siblings were claiming that there was no parent-child relationship, on the grounds that the client was a child born out of wedlock and on the basis of a genetic test result.

In response, the family law specialist attorney established a case strategy that emphasized the point that the father's birth registration has the effect of an adoption report and that focused on proving that the client had lived with her father from her minority and had, in substance, been raised as his biological daughter.

The family law specialist attorney organized, on a year-by-year basis, specific facts such as the circumstances of the client's birth registration, the consistency of the address on the resident registration during her minority, and the father's role at her wedding.

Through this, it was clearly established that, in substance, the father had raised the client with the intent to adopt.

The family law specialist attorney closely reviewed Supreme Court precedents concerning the effect of a 'birth registration made with the intent to adopt' and the 'permissible scope of a claim for confirmation of non-existence of a parent-child relationship'.

On this basis, the attorney presented cases in which the court had recognized the effect of an adoption report, and constructed a legal counterargument against the plaintiff's claim.

Supreme Court Judgment of February 23, 1988, Case No. 85Meu86

The plaintiff claimed that the client had run away from home around the time of her high school graduation and had, in substance, lived on her own.

In response, the family law specialist attorney presented the following points as evidence, highlighting that the plaintiff's claim was inconsistent and did not accord with the facts.

The case above was one that demonstrated, beyond the mere question of a blood relationship, how important it is to comprehensively prepare the intent to adopt, the substantive fact of rearing, and a review of the legal principles.

At Daeryun LLC, through a dedicated consultation attorney system, we accurately ascertain the structure of a case at the early stage and assign a dedicated attorney by case type.

Thereafter, we systematically review the evidence and precedents and establish a strategy that can protect the client's rights.

If you are in a situation where you need legal help with a family case, please entrust your case at any time through a 🔗legal consultation appointment.