Urging Passage of Two Bills for Children of Unmarried Fathers, Including the "Sarangi and Haeini Act"
[Asia Economy Reporter Park Sun-mi] Seo Young-kyo, a member of the Democratic Party of Korea (Chair of the National Assembly's Public Administration and Security Committee), urged on the 21st for the passage of two bills for children of unmarried fathers, including the 'Sarangi and Haein Law,' which allows unmarried fathers to register births.
The 'Sarangi and Haein Law' is an amendment to the 'Act on the Registration of Family Relations,' which Seo Young-kyo proposed at the beginning of the 21st National Assembly. It allows both the biological father and mother to register the birth of a child born out of wedlock. Additionally, it establishes a legal basis for administrative support for the child's welfare until the birth registration is completed.
Seo said, "If these two bills had been discussed and passed quickly, the tragic case where a child recently passed away miserably because the biological mother refused to register the birth would not have occurred, and the death certificate would not have been recorded as ‘Unnamed Female.’" She added, "This tragedy happened because there are significant problems in the current legal system."
Article 46, Paragraph 2 of the Family Relations Registration Act stipulates that "the mother must register the birth of a child born out of wedlock," meaning that in principle, only the mother can register the birth if the child is born outside of marriage. However, situations where the biological mother unilaterally refuses to register the birth have occurred frequently, indicating the need for further amendments.
Seo emphasized, “The current law, which irrationally prevents fathers from even registering their own child's birth, does not make sense logically. It must be amended as soon as possible. Children whose births are not registered suffer serious violations not only of protection under laws and systems that all Korean citizens should receive but also of their fundamental rights, equality rights, and right to survival.”
In June last year, the Supreme Court ruled that children have the right to birth registration regardless of their circumstances.
Seo stressed the necessity of passing the amendment, saying, “Refusing to accept a child's birth registration by the state infringes on human dignity, value, and human rights. Everyone born in the Republic of Korea must be registered immediately and be safely protected under Korean laws and systems.”
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