Acquisition of Korean Nationality for Children Born Out of Wedlock to a Korean Father, and Visa for the Foreign Mother

Nationality of a Child Born Between a Korean Father and a Foreign Mother

The Nationality Act of the Republic of Korea stipulates that a person whose father or mother is a national of the Republic of Korea at the time of the person's birth shall acquire the nationality of the Republic of Korea at birth (Article 2 of the Nationality Act).

For a child to acquire Korean nationality at birth on the grounds of the father being a Korean national, a legal parent-child relationship must be recognized between the father and the child, not just a biological one.

Even if a genetic test confirms a biological relationship between a father and a child born out of wedlock, a legal parent-child relationship is not established without legal recognition (인지, inji).

Therefore, a child born out of wedlock between a Korean father and a foreign mother cannot acquire Korean nationality until the Korean father legally recognizes the child, or until a court's final judgment on a claim for affiliation is obtained against the father, and the subsequent report for nationality acquisition is completed.

How a Korean Father Can Legally Recognize a Child Born Out of Wedlock

Legal recognition (인지, inji) is the act by which a father legally acknowledges his biological child, thereby establishing a legal parent-child relationship.

When a father recognizes a child, he gains rights to visitation and bears the responsibility for child-rearing. The child will be recorded on the father's Basic Certificate and Family Relations Certificate (Detailed).

A child born to a married couple is legally presumed to be the father's child, regardless of the mother's nationality, so legal recognition is not necessary.

Recognition can be accomplished through a voluntary report by the father (voluntary recognition) if he is cooperative, or through a lawsuit claiming affiliation (judicial recognition) if he is not.

Even if the father files a birth registration for a child born out of wedlock instead of a recognition report, this registration has the effect of legal recognition (Article 57 of the Act on the Registration, etc. of Family Relationships).

If the foreign mother is married to another man or recently divorced, and the child is legally presumed to be that man's child, a report of recognition or a lawsuit for affiliation cannot be filed. A lawsuit to deny paternity must be initiated first.

Without careful attention, even if legal recognition is successful, many problems can arise in the future processes of the child's nationality acquisition and upbringing.

Based on extensive experience with various related cases, YEOHAE LAW FIRM provides legal safeguards to ensure that you do not have to go through further litigation during the child's nationality acquisition and subsequent upbringing.

Acquisition of Korean Nationality by a Child Born Out of Wedlock

A minor who is not a national of the Republic of Korea but has been legally recognized by their father, who was a national of the Republic of Korea at the time of the child's birth, can acquire Korean nationality by reporting the acquisition of nationality through recognition to the Minister of Justice.

Even after establishing a legal parent-child relationship with the Korean father through recognition, the child must go through the procedure of reporting the acquisition of nationality at an Immigration Office to obtain Korean nationality.

It is important to note that even if the recognition process is completed successfully, it may be impossible to prepare the necessary documents for the nationality acquisition report without the father's cooperation.

YEOHAE LAW FIRM has a diverse portfolio of successful cases in acquiring nationality for children, even in various special circumstances, such as when the foreign mother is an undocumented resident or when the father is uncooperative.

Visa Acquisition for the Foreign Mother

If the foreign mother is legally or de facto married to the Korean father of the child, she may be able to obtain a Marriage Migrant Visa (F-6).

However, if the Korean father is already married to someone else or has no intention of marrying the foreign mother, obtaining a Marriage Migrant Visa is not possible.

In this case, the requirements for the foreign mother to obtain a visa are strict, requiring special attention.

YEOHAE LAW FIRM has many successful cases of obtaining visas for unmarried foreign mothers (including undocumented residents).

Child Support Claims

A Korean father who has legally recognized his child bears the responsibility for the child's upbringing.

If the foreign mother is raising the child but is not receiving child support from the father, she can be awarded child support payments through a child support claim lawsuit.

The foreign mother's legal residency status is irrelevant to a child support claim lawsuit.

Child support can be claimed not only for future monthly payments but also for past expenses.

The Republic of Korea has established various means of enforcing child support payments, as shown in the table below.

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