Case of an Action for Denial of Paternity | Defending Against an Action for Denial of Paternity Brought by the Father

An action for denial of paternity is a lawsuit filed to rebut the presumption of paternity where a child is presumed under the Civil Act to be the offspring of the registered father but is not in fact, and it is the process of denying the legal parent-child relationship.

In most cases, it is filed to rebut a birth registration that was made on the belief that the child was one’s own but where the child turned out not to be one’s biological offspring.

An action for denial of paternity may be filed by either the father or the mother, and the child or the other parent becomes the defendant in the suit.

To file this action, it is brought before the family court with jurisdiction over the child’s place of residence, and conciliation may first be attempted before the litigation.

Because the action may be filed only within two years from the day one learns that the child is not one’s biological offspring, prompt preparation is necessary.

In that process, receiving the assistance of a family law attorney who well understands the flow of the litigation and the legal requirements may allow the case to be prepared more smoothly.

As noted above, an action for denial of paternity is usually filed where a child is not one’s biological offspring.

In the client’s case, however, even though the children were clearly the father’s biological offspring, the father filed the action for the purpose of harassing the client and the sibling.

In such a case the lawsuit can be said to be highly unjust, so it was necessary to respond legally and obtain a judgment dismissing the plaintiff’s claim.

The plaintiff (the father) habitually subjected the defendants (the client and the sibling) to violence and verbal abuse from a young age.

In response, the defendants cut off contact with the plaintiff as they became adults, and the attorney argued that the plaintiff, displeased by this, filed the action for the purpose of harassing the defendants.

A genetic test was conducted to prove that the defendants are the plaintiff’s children.

The test report was then submitted, arguing that they are indeed the plaintiff’s biological offspring.

In the case above, the client suddenly faced an 🔗action for denial of paternity from a father who had habitually inflicted domestic violence, and the client requested a consultation with a family law attorney to mount a defense.

At Daeryun Law Firm, family law attorneys directly assist clients facing family litigation throughout the entire process, from the initial consultation to representation at trial.

If you are facing family litigation as described above, please feel free to use the 🔗legal consultation booking with a family law attorney at Daeryun, Korea’s ninth-largest law firm (based on 2025 value-added tax filings with the National Tax Service).