Confirmation of Non-Existence of a Parent-Child Relationship | Successfully Proving the Absence of a Blood Relationship through a Suit for Confirmation of Non-Existence of a Parent-Child Relationship

The family law attorney concentrated on proving that there was no substantive parent-child relationship under Article 865 of the Civil Act.

The Family Law Attorney's Assistance ① Proving the False Parent-Child Relationship

First, in order to deny the false parent-child relationship, a genetic test was conducted.

The result of the genetic test clearly proved that no parent-child relationship existed between the client and the defendant, and this was used as compelling evidence in the suit for confirmation of non-existence of a parent-child relationship.

The Family Law Attorney's Assistance ② Proving the Circumstances at the Time of Birth

In order to prove that the client and the former spouse had completed an uncontested divorce 5 years earlier, a divorce report, a certified copy of the register, and other materials were submitted.

Accordingly, the attorney argued that, at the time of the defendant's birth 4 years earlier, the client and the former spouse had already completed their divorce and were living separately, emphasizing that the defendant's birth had nothing to do with the client.

The Family Law Attorney's Assistance ③ Proving the Interest in Confirmation

Referring to the disadvantages in inheritance and debt that the client would suffer due to the false entry on the family relationship register, the attorney argued that the client had a substantive reason of ‘resolving the instability of legal status.’

Accordingly, the attorney emphasized that this suit for confirmation of non-existence of a parent-child relationship presented the client with a legal interest in confirmation.

As a result of the family law attorney's assistance, the court ruled that no parent-child relationship existed between the client and the defendant.

Accordingly, the client prevailed in the suit for confirmation of non-existence of a parent-child relationship and was able to safely resolve the false parent-child relationship with the defendant.

A suit for confirmation of non-existence of a parent-child relationship may be brought by anyone who is a person with a direct interest, such as obtaining a particular right or being relieved of an obligation through it.

There is no separate limit on the filing period, but when a party has died, the suit must be brought within 2 years from the date of becoming aware of the fact of the death.

In a suit for confirmation of non-existence of a parent-child relationship, which evidence is submitted at the initial stage of filing the complaint has a major effect on the entire procedure.

Thereafter, proof of the facts becomes the core during the trial process, and after the judgment becomes final, the correction of the family relationship register must necessarily follow for the effect to be completed.

For an action to confirm the non-existence of a parent-child relationship, you must thoroughly prepare the relevant documents and take care that nothing is omitted during the preparation and submission of the complaint.

gathering evidentiary materials to complying with court procedures, receiving the assistance of a family law attorney allows you to respond more smoothly.

For matters relating to a parent-child relationship, organizing the facts and making an early assessment are important.

If you need the assistance of a family law attorney, please request support through a 🔗Legal Consultation Reservation.