A man who married a college classmate and built what he described as a happy family over the past decade has been left in turmoil after learning his son may not be his biological child.
The story of the man, identified only as A, was shared Wednesday on YTN Radio's legal advice program "Jo In-seop's Counseling Office."
A said he had harbored a one-sided love for his wife since their college days. At the time, she was dating a male student one year ahead of them. After the couple broke up, A grew closer to her by offering comfort, and the two eventually spent a night together. When she discovered she was pregnant, they registered their marriage and held a wedding ceremony.
After their son was born, A said the couple had enjoyed a happy marriage over the past 10 years.
That changed a few months ago when the son was hospitalized. Both A and his wife have type A blood, but the boy's blood type turned out to be B. When A asked his wife about the discrepancy, she broke down in tears and confessed that the son might not be A's biological child.
She said she believed the boy's biological father was the college sunbae — the older student she had dated before the marriage.
Shaken by the revelation, A confided in a college friend. Shortly afterward, the ex-boyfriend showed up, saying he wanted to find his biological son and establish a legal parent-child relationship. He also demanded to meet the wife separately.
"In the 10 years I have raised my son, I never once thought I might not be his biological father," A said, asking whether the ex-boyfriend could legally strip him of his status as the child's father. "I want to know who the law recognizes as the child's father in a case like this," A added.
Attorney Park I-chan of Shinsegae Law said that even if it were established that a child born during a marriage has no biological connection to the husband, that fact alone does not automatically dissolve the legal parent-child relationship.
Park said the presumption of paternity between A and his son would first need to be overturned through proper legal procedures before any separate question of establishing a legal relationship between the biological father and the child could even be considered.
Park added that if a DNA test showed a match of 99 percent or higher, it could serve as strong evidence that the man is the boy's biological father.
However, Park cautioned that DNA test results and the legal establishment of a parent-child relationship are separate matters. "Even if a DNA test proves biological paternity, that does not automatically create a legal parent-child relationship," Park said. "To become the legal father, one must go through the procedures prescribed by law."
yeonjoo7@heraldcorp.com
