If you have a baby with a Korean citizen but the father refuses to acknowledge the baby as his, Korean law provides legal remedies.
1. Before We Begin: Your child is given Korean citizenship by birth.
If either parent is a Korean citizen at the time the child is born, the child automatically acquires Korean nationality under Korea’s jus sanguinis (citizenship by descent, 속인주의) system.
In other words, even if:
– your baby was born outside Korea,
– the parents are not married, or
– the Korean parent has not yet legally recognized the child,
your baby is still a Korean citizen by birth if the legal requirements for nationality are met.
However, if the Korean father has not acknowledged the child, you may first need to establish legal paternity through a court proceeding so that your baby can be recognized as a Korean citizen.
2. Paternity Lawsuit (인지청구소송)
If the father refuses to voluntarily recognize the child, the child (or the child’s mother as legal representative) may file a lawsuit asking the Korean court to establish legal paternity.
The court may consider:
– DNA test results (the strongest evidence which the court can order the father to take even if he refuses to do so)
– Photos, messages, emails, or social media conversations
– Any other evidence showing the relationship between the parents
If the court determines that the defendant is the biological father, it will issue a judgment recognizing paternity.
Once paternity is legally established, the child gains the same legal status as any other child under Korean law, including inheritance rights and the right to receive child support.
3. Child Support Claim (양육비청구)
After paternity is established — or together with the paternity lawsuit in many cases — the child’s representative may ask the court to order child support.
If the court orders child support and the parent still refuses to pay, Korean law provides enforcement measures such as:
– Wage garnishment
– Bank account seizure
– Property seizure
– Other compulsory enforcement procedures such as fines(과태료) and temporary detention(감치)
4. Can both claims be filed together?
Yes.
In most cases, a paternity lawsuit and a child support claim are filed in the same proceeding. This is often more efficient than filing two separate lawsuits.
No child should lose their rights because of a parent’s refusal to take responsibility. And no mother should have to carry the entire burden simply because the other parent chose to disappear.
A child has no control over the circumstances of their birth. They deserve the protection of the law, including their right to nationality, financial support, inheritance, and legal recognition of their relationship with both parents.
If you are going through a situation like this, I hope you know that you are not without legal options. My hope is that every child can receive the rights they are entitled to, and that every parent facing this difficult situation can find stability and peace again.
submitted by /u/Korean_Lawyer_Rachel
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