Korean child goes unregistered as legal father denies paternity

[SHUTTERSTOCK]

In Korea, if your wife gives birth to another man’s child, you still need to register that child as yours.

A man living in Cheongju, North Chungcheong is refusing to register the birth of a child after his wife who was legally married to him at the time gave birth to another man's child.

The baby was born on Nov. 16, but the birth of the child has not been registered yet.

The mother gave birth after the two filed for a divorce and were in separation. She died while giving birth.

But because the two were legally married when the baby was born, the man must register the child as his child, according to the law.

Article 844 of the Civil Act says “a child conceived by a wife during the marriage shall be presumed to be the child of the wife’s husband.”

After a DNA test, the child was found not to be the man’s child. But by law, he is still the legal father.

The legal father is refusing to register the child’s birth, but there is no other option for him.

The biological father has neither the authority nor the responsibility to register the child’s birth and the child as his.

To give up the legal responsibility, the legal father can file a lawsuit demanding confirmation of the denial of paternity but only if the child’s birth is registered.

If the court rules that the man is not the biological father, the record of the child on his certificate of family relationship will be deleted and will be moved to the mother’s family relation.

As the mother has passed away, the Cheongju city government will need to select facilities or foster homes to take care of the child.

If the legal father does not file for a lawsuit but gives up custody, the local government can look for foster homes for the child, but the child will still be registered as the man’s child.

Due to the law, the city government will need to keep sending urgent reminders to the legal father to register the child’s birth, and if he does not abide by the law, will need to bring the case to court. Upon the court’s ruling, the authority will have to register the child’s birth as the legal father's child.

“The process may be frustrating for the man, but it is the legal procedure to look for alternatives after registering the child’s birth,” a spokesperson for the Cheongju city government said. “We ask for a swift response.”

BY HYEON YE-SEUL [cho.jungwoo1@joongang.co.kr]