What is an Extramarital Child?
An extramarital child is a child born out of wedlock, meaning that the child is born to parents who are not married.
- Extramarital children born to a Korean mother and a foreign father can acquire Korean nationality simply by registering their birth in the mother's place of residence (city, county, or district). ※In this case, the child's surname follows the mother's surname. - Most extramarital children of foreign nationals are born when a Korean father and a foreign mother have a child without registering their marriage. In such cases, genetic testing is used to confirm the extramarital children. Now, let's explore the procedures for birth registration, recognition report, and acquiring nationality for extramarital children
Procedures for Extramarital Child's Birth Registration, Recognition Report, and Nationality Acquisition (for children born to a Korean father and a foreign mother)
1. Birth Registration - Extramarital children usually follow the nationality of their mother, and the mother typically applies for the child's passport at her country's embassy or consulate. - the mother typically applies for the child's passport at her country's consulate - If the extramarital child is born in Korea, it is possible to file a birth report with the father's information. However, if the child is born abroad, only a recognition report can be filed, and nationality must be acquired through the nationality acquisition process. 2. Foreigner Registration - Within 90 days from the date of receiving the passport, the child must register as a foreigner in Korea (apply for residency status). Failure to do so may result in fines, and the child will be granted residency status such as F1 Visa (cohabitation) or F3 Visa (accompanying). 3. Recognition Report by Korean Father - The Korean father should report the acknowledgment to the local district office (Si/Gun/Gu) and record the recognition of the child on the Korean father's basic certificate, receiving a certificate stating the recognition of the child's relation. 4. Nationality Acquisition Declaration (Nationality Acquisition through Recognition) - Submit a nationality acquisition declaration to the immigration office responsible for your area of residence. - In this case, requirements are confirmed through genetic testing or other relevant evidence. - The immigration office will notify the family relationship registration office (city, county, or district) of the nationality acquisition.
Nationality Acquisition through Recognition
1.Eligibility
◆ Minor children born to a Korean father and a foreign mother who are not in a legal marriage (Refers to children born out of wedlock, even if the parents marry after the child's birth.)
※ Korean father must be a Korean citizen at the time of the child's birth and at the time of recognition.
※ The effects of nationality acquisition occur from the time of submitting the nationality acquisition through recognition
2. Procedures
◆ By reporting the recognition of the child by the Korean father to the Family Registrar's Office, the relationship of the child to the person recognizing (note: not the person being recognized) will be registered in the family register (basic certificate) of the person recognizing. Afterward, you can report the acquisition of South Korean nationality to the Minister of Justice of South Korea.
◆ All individuals acquiring nationality must renounce their foreign nationality within 1 year
- For all recognition applications based on recognition rather than by a court ruling, a genetic test is conducted with the consent of the parties involved. Therefore, both the father and child must be present during the application.
3.Required Documents
① Nationality Acquisition Declaration, attach one photo (3.5cm×4.5cm)
- 20,000 KRW for stamp duty , contact information from at least two locations
② Documents proving that the person being recognized is a foreigner
- Child's (person being recognized) foreign passport
- Documents proving the mother's status
▪ Copy of identification (foreigner registration card, passport, etc.)
▪ If it is proven that the person recognizing (the Korean father) and the mother were not married, attach documents proving the mother's relationship status (marriage, divorce, unmarried status)
※ If the mother is missing or unable to obtain identification documents, provide documents that explain the reason (such as a statement of reasons)
- Documents proving that the person being recognized was born to a foreign mother
▪ Copy of the birth certificate (attach a translated document with original comparison, translator's signature, and contact information)
③ Documents proving that the fact was recognized by the father, who is a South Korean national
- Family relationship certificate and marriage relationship certificate of the person acknowledging (must be issued detail certificate within 3 months)
- Statement of circumstances written in the name of the person recognizing : The statement should provide a detailed account of the circumstances leading to the recognition, following the 6 principles (including the handwritten signature of the person recognizing)
※ In case the recognition was made not through recognition of the child by the parent but through reporting the birth of a biological child, attach the birth certificate "certificate of acceptance"
④ Documents proving that the father was a South Korean national at the time of birth
- Basic certificate of the person acknowledging (must be issued within 3 months)
⑤ Family relationship notice
What to do after the extramarital child acquires nationality
1. Renunciation of Foreign Nationality - Apply for nationality renunciation at the foreign embassy or consulate of your home country before acquiring Korean citizenship and obtain the certificate. ※ ※ To register your residence, you must renounce your foreign nationality within 1 year from the date of acquiring Korean nationality. 2. Confirmation of Foreign Nationality Renunciation - Possess the "Certificate of Renunciation of Nationality" issued by the foreign embassy or consulate. Visit the local Immigration Office for confirmation of foreign nationality renunciation. ※ If it is difficult to renounce one's home country's nationality due to the legal system of the home country, individuals can carry the "Certificate of Inability to Renounce Nationality" issued by their home country's embassy or government and visit the Immigration Office for possible processing. ※ If you fail to renounce your home country's nationality within 1 year from the date of acquiring Korean nationality, you would lose your South Korean nationality
When undertaking the pledge for non-renunciation of foreign nationality, dual citizenship is maintained within South Korea. However, whether dual citizenship is maintained in the home country (the mother's country) is determined by the laws of that country.
3. Resident Registration - Report to the local district office (resident autonomy center) ※ Prepare the nationality acquisition report, confirmation of foreign nationality renunciation (or proof of inability to renounce), and resident registration-sized photos (3x4cm) 4. Return of Alien Registration Card - Visit or send by mail to the Immigration Office ※ Visit the immigration office (or immigration office branch) in person or by mail to return the alien registration card within 30 days of completing resident registration. Failure to do so may result in fines.
Actual Case (Recognition Report and Nationality Acquisition for an Extramarital Child)
The client was a Korean man who sought my assistance with the recognition report and nationality acquisition for his biological son.
Now, let's refer to the Korean man as A, the foreign woman as B, and B's former husband as C. B had a legal marriage with another man from her home country while she was visiting Korea. During her trip, she became pregnant after forming a relationship with A. ※ Before A acquired Korean citizenship, he and B were originally citizens of the same country B gave birth to the child in her home country, and naturally, the birth certificate listed C as the father since they were legally married at the time. B told C the truth that the child was not his but A's, and B and C obtained a divorce in their home country. In this situation, A requested the recognition report and nationality acquisition for the child, who was born out of wedlock. First, the recognition report for the child must be filed. However, since C was listed as the father on the birth certificate from the home country, this couldn't be done naturally. Therefore, B was requested to remove C's name from the birth certificate (since they obtained a divorce). Nevertheless, A couldn't be listed as the father on the birth certificate. ※ To file a recognition report for a child when the father's name is not listed on the birth certificate, you need a certificate of the mother's single status, confirming that she was unmarried for 300 days before the child's birth. However, in this case, since C was legally married to B at the time of the child's birth, obtaining such a single status certificate was impossible. In this type of situation, to file a recognition report for the extramarital child, you need a court ruling stating that the child does not have a biological relationship with the legal husband (C)
Civil Code Article 844 (Presumption of Husband's Paternity) ① A child conceived during marriage is presumed to be the child of the husband ② A child born within 200 days after the conclusion of the marriage is presumed to have been conceived during marriage ③ A child born within 300 days after the termination of the marriage is presumed to have been conceived during marriage
The client wanted the trial to take place in B's home country, not Korea. Therefore, it was decided to proceed with the trial in B's country. However, to conduct the trial for the presumption of the biological father's existence, a genetic test for the child was required, and this required C's consent.
C was initially unwilling to provide consent, understandably upset about the situation. However, A and B did not give up and continued to apologize and request his cooperation over several months.
Eventually, they obtained C's consent, and the genetic test was conducted.
Afterward, the trial for the presumption of the biological father's existence took place in B's home country. The court ruling was translated, notarized, and then verified by the embassy. Subsequently, it was submitted to the local district office for the recognition report and later for the nationality acquisition process.
※ It was a court ruling obtained from a foreign court, not a Korean court, and it needed embassy verification. The recognition report for the extramarital child is not automatically approved based on this. The local district office that receives the court ruling must also send it to a domestic court, which needs to recognize the ruling's validity for the recognition report to be approved.