The Ministry of Justice issued a public notice on September 29 stating revisions to standing family laws that had been passed by the National Assembly. (Image: Yonhap)
SEOUL, Sept. 29 (Korea Bizwire) – The Ministry of Justice issued a public notice on September 29 stating revisions to standing family laws had been passed by the National Assembly.
Previously, babies born 200 days after the date of marriage or 300 days after the date of divorce were classified as children of the mother’s husband. Even though a man may have DNA evidence proving that the child was not his, civic records would list him as the father.
The man in this situation would have to file a lawsuit in family court to rectify the error. Lawsuits were required to be filed within two years from the date the person first learned about the child’s status.
The first steps towards modifying the system were taken in 2015, when the Constitutional Court of Korea ruled that the laws were unconstitutional. The court explained that the mother’s basic rights to marriage and family life, as well as her human rights, were being violated.
Even though a man may have DNA evidence proving that the child was not his, civic records would list him as the father. (Image: Yonhap)
The Ministry of Justice has streamlined the process for both proving and registering the parenthood of a child. Those who dispute their parental status can simply fill out and submit a form to the relevant authorities. Likewise, those who wish to present their case for parenthood can do so in the same manner.
In addition, the 2-year duration for filing a lawsuit was abolished, and attendance at the trial will no longer be required.
However, if a child has already been registered as a former partner’s child, the Ministry of Justice stated that it will require the relevant parties to pursue the former procedure of filing a lawsuit in family court. The ministry explained that it would be necessary to avoid a potential legal quagmire.
Lina Jang (sbw266@koreabizwire.com)
