"Abusive Korean Boyfriend Forced Abortion, Ignores After Birth... I Want Child Support"

Seeking Advice from Thai Women Studying in Korea
"Parents and Children Jointly Responsible for Childcare... Past Child Support May Also Be Claimed"

A Thai woman who came to Korea to study abroad and gave birth to a Korean man's child alone sought legal advice on whether she could claim child support from the child's biological father.

On the 15th, the story of this Thai woman, Ms. A, was shared on YTN Radio's 'Attorney Jo In-seop's Counseling Center.' Ms. A, who came to Korea to study, dated a Korean man, Mr. B, and became pregnant. After much 고민, she informed Mr. B of the pregnancy, but Ms. A claimed that Mr. B pressured her to have an abortion, saying he could not raise a child as he had not yet graduated or found a job. Unable to terminate the pregnancy, Ms. A and Mr. B eventually broke up after arguing over the issue.

Ms. A had no choice but to give birth alone and returned to her home country to raise the child by herself. Mr. B showed little reaction even after learning about the child's birth. However, Ms. A expressed, "When my son says it would be nice to have a father, I feel as if I have committed a sin," adding, "Now that he is five years old, my son often asks about his father and even said he really wants to meet him." She continued, "I want to contact my boyfriend to ask him to take on the role of a father and also receive financial support," and asked, "If I file a lawsuit in Korea, can I receive child support from the biological father?"

A legal expert said that Ms. A could file a paternity acknowledgment lawsuit against Mr. B in a Korean court on behalf of her child. Furthermore, it is expected that she could claim child support, including past support payments, from Mr. B. Attorney Woo Jin-seo of Shinsegae Law Firm stated that under international private law, a lawsuit can be filed in a Korean court, but "it is necessary to discuss whether Korean law or Thai law should apply to this matter."

First, a paternity acknowledgment lawsuit should be filed to establish or confirm the legal parent-child relationship with a non-marital child. After locating the biological father's whereabouts and personal information, the complaint should be served, followed by a request for a DNA test. The DNA test is conducted at an institution designated by the court, where identity is verified through an ID card, and samples such as hair are collected for testing. Attorney Woo explained, "Depending on the test results, a decision can be made establishing the biological parent-child relationship between the child and the biological father," adding, "There have been cases where, simultaneously with the paternity acknowledgment lawsuit, the foreign biological mother was designated as the legal guardian and custodian."

Regarding child support, parents have a joint responsibility to raise their children, and if one parent is raising the child, child support can be claimed unless there are special circumstances. Since the biological father was aware of the child's existence from birth, past child support can also be claimed. Attorney Woo added, "The legal obligation of parents to support their children retroactively applies from the time of birth, so past child support can be claimed to a considerable extent."