Deals & Cases

Lawsuit for confirmation of non-existence of a parent-child relationship
Lawsuit for confirmation of non-existence of a parent-child relationshipWinning the case (favorable judgment)

Suit to Confirm the Non-Existence of a Parent-Child Relationship Assistance | Successful Confirmation of the Non-Existence of the Parent-Child Relationship

The client who pursued a suit for confirmation of non-existence of a parent-child relationship came to Daeryun's family law attorney to pursue a suit for confirmation of non-existence of a parent-child relationship in order to correct the family register.

1. The Client in the Suit to Confirm the Non-Existence of a Parent-Child Relationship

Case of winning the lawsuit as a result of proceeding with a lawsuit for confirmation of non-existence of a parent-child relationship

The client, who proceeded with a lawsuit for confirmation of non-existence of a parent-child relationship, through the prompt and accurate assistance of the family law attorney was able to clearly establish that there was no parent-child relationship in that lawsuit.

How the Client Came to Proceed With the Lawsuit

The client adopted a child together with her former husband in the past and then registered the child's birth with the administrative agency.

Afterward, when she divorced her former husband due to personality differences, custody passed to the former husband, and the client remarried a new spouse.

Having recently obtained a family relation certificate in connection with a matter relating to the child, the client came to confirm that the adopted child was recorded as her biological child.

Judging that the documents needed to be corrected, the client resolved to file a suit for confirmation of non-existence of a parent-child relationship.

However, judging that there would be considerable legal difficulty in proceeding alone, she requested the help of a family law attorney at Daeryun.

2. What Is a Suit to Confirm the Non-Existence of a Parent-Child Relationship?

Explanation and Guidance on the Meaning of a Lawsuit for Confirmation of Non-Existence of a Parent-Child Relationship

A lawsuit for confirmation of non-existence of a parent-child relationship is a lawsuit filed to correct a parent-child relationship that has been erroneously recorded in a family relationship certificate or the like.

Put simply, it is a procedure for requesting that the court confirm that, legally, a parent-child relationship does not exist.

The relevant legal basis can be found in Article 847 of the Civil Act.

Article 847 of the Civil Act

Lawsuit for Denial of Paternity① A lawsuit for denial of paternity must be filed by the husband or the wife against the other party or the child within two years from the date on which the existence of such grounds becomes known.
② In the case of paragraph (1), where all of the persons who would be the other party have died, a lawsuit for denial of paternity may be filed against a prosecutor within two years from the date on which their death becomes known.

Issues in the Case

The issue in this case was that a child who had not actually been born by the client had been recorded as the client's biological child in the family relation register through a false birth report.

Therefore, the key point was how to clearly establish, on the basis of the administrative documents from the time of the adoption, the absence of a birth record, and the results of genetic testing, that no parent-child relationship existed.

In addition, an important issue was to explain, in a legally persuasive manner, the circumstances that led to the false birth report and the reasons it had gone uncorrected for a long time, thereby emphasizing the need to correct the family relationship.

3. The Suit to Confirm the Non-Existence of a Parent-Child Relationship Assistance

Through a consultation with the client, the family law attorney confirmed the circumstances of the false birth registration and the fact of the adoption, and then focused on proving that no parent-child relationship existed, arguing as follows.

Family Lawyer's Assistance 1 | Securing Administrative Documents

The family law attorney secured administrative documents, including the report of adoption from the time of the adoption, and clearly established that the defendant was a legally adopted child.

In addition, by confirming that there were no birth records at a medical institution or hospital treatment records related to childbirth, the attorney demonstrated that the client had not in fact given birth to the defendant.

Family Lawyer's Assistance 2 | Confirming the Circumstances of the Delay

The client had long put off correcting the family relations records out of consideration for the fact that the defendant was young.

The family law attorney therefore organized these circumstances in detail, submitted them to the court, and earnestly appealed for the court to take into account that the defendant's emotional stability had been given the highest priority.

Family Lawyer's Assistance 3 | Conducting Genetic Testing

In order to prove that there was no biological parent-child relationship between the client and the defendant, a genetic test was also conducted and its results were submitted.

Through this, it was emphasized that a parent-child relationship that did not legally exist had been erroneously recorded in the family relations documents, and that there was a great need to correct this.

4. Result of the Suit to Confirm the Non-Existence of a Parent-Child Relationship Assistance: “Successful Proof”

The need for the assistance of an attorney specializing in suits for confirmation of non-existence of a parent-child relationship

As a result of the assistance with the suit for confirmation of non-existence of a parent-child relationship, the client was able to set right a family relationship that had long gone unresolved.

If You Need Help With a Suit to Confirm the Non-Existence of a Parent-Child Relationship

A suit for confirmation of the non-existence of a parent-child relationship is a difficult litigation procedure that requires legally and clearly proving complex facts such as a false birth registration or adoption.

Because legal knowledge and the gathering of various evidence are needed, it is very important to resolve the matter promptly and accurately with the systematic assistance of a family attorney.

Daeryun Law Firm has many family attorneys registered with the Korean Bar Association.

Accordingly, in complex cases of a suit for confirmation of the non-existence of a parent-child relationship, the firm closely analyzes the client's situation and thoroughly gathers and reviews the relevant administrative documents and evidence.

In addition, the firm supports the securing of scientific evidence such as genetic testing and carefully prepares the written submissions to be filed with the court, thereby assisting prompt and accurate conduct of the litigation.

If you wish to proceed with a suit for confirmation of the non-existence of a parent-child relationship as described above, please request assistance at any time through the 🔗legal consultation reservation of Daeryun Law Firm.

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친생자관계부존재확인의소

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

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