When You Should Get Advice
- Someone I had never seen came to my father's funeral and said they were also his child
- My father is not listed in my family relationship register, but I heard my biological father has died
- My paternity was only confirmed after my siblings had already divided the estate
- We were asked to take a DNA test, but my father's family will not cooperate
- I found records showing my father sent money to a child born outside marriage while he was alive
Relevant Laws
Civil Act (민법) Articles 863 and 864 (Action for acknowledgment; death of a parent and action for acknowledgment)
A child, the child's lineal descendants or legal representative may file an action for acknowledgment against the father or mother, and if the parent has died, the action must be filed against the prosecutor within 2 years from the day the death became known.
Civil Act Article 860 (Retroactive effect of acknowledgment)
Acknowledgment takes effect back to the child's birth, but it cannot harm rights a third party has already acquired.
Civil Act Article 1014 (Claim of an acknowledged child after division)
A person who becomes a co-heir through acknowledgment or a final court judgment after the inheritance began may, if the other co-heirs have already divided or disposed of the estate, claim payment of the value corresponding to their share.
Statutes are summarized. The official Korean text is available at the Korea Law Information Center (law.go.kr).
The Child Must Be Legally Established as the Father's Child
The legal relationship with the mother arises from giving birth, but the relationship with the father arises only when he registers an acknowledgment (인지) or it is established by a court judgment. Once acknowledged, the child has the same rank and the same share in the inheritance as a child born within marriage.
While the father is alive, an acknowledgment claim (인지청구) can be made at any time, but after his death, the action must be filed with the family court against the prosecutor within 2 years from the day the child learned of the death. This deadline is sometimes missed while talks about the estate drag on, so check the dates first.
DNA Testing Is Done With the Father's Blood Relatives
If the father has already died, paternity is confirmed through DNA testing with his blood relatives, such as half-siblings or the father's parents or siblings. If they refuse, you can ask the court for an order to submit to testing, and the court can order testing when it is hard to decide on other evidence (Family Litigation Act (가사소송법) Article 29).
Apart from the test, records of child support or living money sent by the father, photos and letters together, and statements from people who knew them are supporting evidence. Because of the 2-year deadline, prepare to gather evidence and file the action at the same time.
An Estate Already Divided Is Claimed as Value
If the other heirs divided or sold the estate before the acknowledgment became final, rather than having the division declared void, the child claims payment of money corresponding to their share. This claim must be made within 3 years from the day the child learned of the infringement, and the 10-years-from-infringement limit does not apply, because on June 27, 2024 the Constitutional Court ruled it unconstitutional as applied to this claim (2021헌마1588).
If you are on the side where such a child has come forward, it is safer to settle who the heirs are before rushing a division agreement. If the estate is settled while the acknowledgment lawsuit is pending, you will later face a claim for value, and the date for valuing the property also becomes a point of dispute. If the father gave money to the child born outside marriage during his lifetime, you can argue that it was a special benefit (특별수익).
How We Handle Acknowledgment and Inheritance
- 1
Calculating the deadlines
We confirm the day you learned of the father's death and set out the 2-year deadline for the acknowledgment claim and the 3-year deadline for a claim for value.
- 2
Gathering evidence
We collect family relationship documents, child support transfer records, photos, letters and contact records.
- 3
Filing the acknowledgment claim
We file the action with the family court against the prosecutor and decide who should take the DNA test and whether to ask for a testing order.
- 4
Taking part in the inheritance
Once the acknowledgment is final, you take part in the division agreement or adjudication as an heir, and if there are debts, we also consider renunciation or limited acceptance.
- 5
Claim for value and forced heirship share
For an estate already divided, we claim payment of value, and if gifts were concentrated on one person, we also claim the forced heirship share.
Lawyers handling these cases
Hansol Kim Managing Partner
Former prosecutor at the Incheon District Prosecutors' Office, the Ansan Branch of the Suwon District Prosecutors' Office and the Hongseong Branch of the Daejeon District Prosecutors' Office
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Miso Kim Partner
Formerly at Daehwan Law Firm, in-house counsel on the legal team of Wemade Co., Ltd., and Oracle Law Firm
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Frequently asked questions
If the court acknowledges me as his child, do I also inherit my father's debts?
You become an heir, so debts also pass to you in proportion to your share. Consider renunciation or limited acceptance within 3 months from the day you learned you became an heir. If the debts may exceed the assets, check the state of the estate from the acknowledgment lawsuit stage.
If a child born outside marriage becomes an heir, how much does my share shrink?
Children's shares are equal, so each share shrinks as the number of children grows. If an inheritance shared by a spouse and two children gains one more child, it is redivided at a ratio of 1.5 for the spouse and 1 for each child.
My birth mother, who did not raise me, has died. Am I one of her heirs?
The parent-child relationship with a mother arises from birth, so you are an heir without any separate acknowledgment. If the mother-child relationship is not recorded in the family relationship register, you may first need to resolve it through a procedure such as an action to confirm the existence of a biological parent-child relationship.