[Successful Confirmation of Non-Existence of a Parent-Child Relationship] Family Records Corrected After Winning a Claim for Confirmation of Non-Existence of a Parent-Child Relationship

The client, who came to Daeryun's family law attorney seeking confirmation of the non-existence of a parent-child relationship, had the goal of correcting the family relation certificate.

During her marriage, the client separated from her husband because of his violent disposition and began preparing for divorce.

In the meantime, she met a new partner and began living together, and a child was born to them.

Because her divorce had not yet been finalized and her new partner was unmarried, however, his name could not be recorded on the child's family relation certificate.

As a result, another fictitious name was recorded on the child's family relation certificate in place of the client's name.

Now that the divorce from her former spouse had been finalized and she had married her current partner, she came to Daeryun to correct the family relation certificate through a lawsuit for confirmation of the non-existence of a parent-child relationship.

■ Statutes Governing Confirmation of Non-Existence of a Parent-Child Relationship

▶ Grounds for a Lawsuit Confirming the Existence or Non-Existence of a Parent-Child Relationship

1. Where there has been a false birth registration (Supreme Court Decision 67Ma332, July 18, 1967)

2. Where the family relation register records the child as having been born between persons who are not the biological parents (Supreme Court Decision 92Seu13, August 17, 1992)

▶ Civil Act Article 855 (Affiliation)

(1) A child born out of wedlock may be acknowledged by the biological father or biological mother. If the parents' marriage is void, the child is regarded as a child born out of wedlock.

(2) A child born out of wedlock is regarded, from the time the parents marry, as a child born in wedlock.

▶ Civil Act Article 855-2 (Request for Permission to Acknowledge)

(1) A biological father may, in a case under Article 844 (3), request the Family Court for permission to acknowledge. This does not apply, however, where the child's birth has been registered as a child born in wedlock.

(2) Where a request under paragraph (1) is made, the Family Court determines whether to grant permission, taking into account the results of testing by scientific methods such as blood-type testing through blood sampling and genetic testing, or other circumstances such as a long-term separation.

For the confirmation of the non-existence of a parent-child relationship, the family relation certificate of the client's child was reviewed.

The child's family relation certificate recorded a fictitious name in place of the client.

No information appeared for the fictitious name recorded there, and a check of details such as the resident registration number established that this was not a real person.

In the lawsuit for confirmation of the non-existence of a parent-child relationship, Daeryun's family law attorney therefore argued that the client's name should be recorded in place of the fictitious name.

For the confirmation of the non-existence of a parent-child relationship, the client underwent a paternity test, and the result showed with 99.999% certainty that the child was the client's biological child.

The client therefore stated that the child was indeed his biological child and should also be recorded as such on the family relation certificate.

Daeryun's family law attorney argued that the genetic analysis conducted in the confirmation of the non-existence of a parent-child relationship had established that the client was the biological parent.

In the confirmation of the non-existence of a parent-child relationship, the client had been separated for several years from the defendant, her former spouse, and had not seen him during that period.

It was therefore stated that there was no possibility that the child was the defendant's, and that no biological parent-child relationship existed.

Through the confirmation of the non-existence of a parent-child relationship, Daeryun's family law attorney proved that the child was not the child of the client and the defendant, her former spouse, and argued that the child was the child of her current spouse.

Correcting a family relation certificate through a confirmation of the non-existence of a parent-child relationship requires a corresponding set of procedures and many steps.

If the family records are left uncorrected because correction is difficult, disadvantages may follow.

At Daeryun Law Firm, a family law attorney assists with the procedures that may be difficult for a client to handle alone, from consultation through trial.

If you wish to seek a confirmation of the non-existence of a parent-child relationship, please reach out to a family law attorney at Daeryun Law Firm.