National Court Administration, Family Register Office for Overseas Koreans

  • KOREAN
background

Report of Birth

Child Born In or Out of Wedlock

  1. Child Born In Wedlock

    The paternity of a child born in wedlock is determined by the law of the domicile of either parent at the time of the child’s birth. If either parent is a national of the Republic of Korea at the time of the child’s birth, a report of birth may be filed for the child recognized as born in wedlock under the law of the Republic of Korea.
    Meanwhile, even if the child cannot be recognized as a child born in wedlock under the law of the Republic of Korea, it may be recognized as a child born during marriage if the foreign father or mother submits a certificate of nationality and a certificate proving that the child was born in wedlock according to the parent's home country law.

    Scope of Children Born In Wedlock (under the Civil Act)

    Scope of Children Born In Wedlock (under the Civil Act)

    A child conceived by a married woman is presumed to be the child of her husband, and a child born 200 days after the date of formation of the marriage or within 300 days of the termination date of the marital relationship is presumed to have been conceived during the marriage.

    As stated above, a person presumed to be the husband's child is recognized as a child born in wedlock, unless the presumption of paternity is contested or the relationship between the child and the husband (father) is denied by a lawsuit for the denial of paternity (or a lawsuit for the confirmation of existence or nonexistence of paternity).
    (For example, a child born seven months after the termination date of the marriage is recognized as a child born in wedlock with ex-husband).

    A child born during the marriage period is recognized as a child born in wedlock even if he/she is not presumed to be a legitimate child of his or her father.
    (For example, a child born five days after the date of the marriage is recognized as a child born in wedlock).

    When a child was born after the parents got married in a foreign country, and the parents later filed a marriage report in the Republic of Korea:

    The child mentioned above is born in wedlock. Regardless of whether the marriage took place domestically or abroad, the effective date of the marriage is determined based on the date on which the marriage is duly formed. The report of the marriage filed in the Republic of Korea is considered an informative report made merely to record the marriage in the family relation register.

  2. Child Out of Wedlock

    If the child's parents fail to provide documentation proving that the child was born during the marriage or the requirements for the establishment of paternity under the law of the domicile of both parents, the child shall be reported as a child born out of wedlock.
    Regarding the parent-child relationship between father and child, the Civil Act of the Republic of Korea adopts the principle of recognition.
    Therefore, when a mother reports the birth of a child born out of wedlock, the father’s name cannot be entered in the parent section of the report. For a father to be recorded on the register, the father must recognize the child as his own.