"A Nephew Born from My Sister-in-Law’s Affair May Inherit My Brother’s Entire Estate... Is There Any Way to Sever the Paternity Link?" [Such Law]

[Financial News] A man has reportedly sought help after learning that a child born to his sister-in-law through an affair was registered in the family registry as the child of his deceased brother, putting the child in line to inherit the brother’s assets. He wants to correct the paternity record.

On the 26th, YTN Radio’s "Attorney Jo In-seop's Counseling Center" introduced the case of a man identified as A, who said he had recently and suddenly lost his only older brother.
A began by saying, "Our parents died early, and it was just my brother and me in the family." He added, "After the funeral, I personally sorted through my brother’s belongings and assets."
While organizing the documents, A said he found a genetic test report. "When I checked it, it stated that there was no biological parent-child relationship between my brother and the child listed in the family registry," he said.
He explained, "My brother was extremely busy running a business while he was alive. He often worked day and night and could not come home for several days at a time." He continued, "During that time, my sister-in-law became involved with another man, and in the 10th year of their marriage, she ran away and began living with her lover."
"My brother and sister-in-law did not divorce right away," he said. "While they were still legally married, she gave birth to the lover’s child, but she registered the baby as the biological child of my brother, who was her legal husband at the time." He added, "Seven years later, my brother and sister-in-law divorced by mutual agreement, and at the time I did not get deeply involved because it was a problem between them."

A said, "Now that I have personally confirmed the genetic test results after my brother’s death, I am worried about the inheritance issue." He added, "If the test is correct, that child has no blood relation to my brother at all, and it seems my brother died without being able to fix the family registry even though he knew this while he was alive."
He went on to say, "Because the documents still list the child as my brother’s child, I was told the child may still inherit my brother’s property." He added, "Our parents are gone, and my brother died without remarrying, so if that child becomes an heir, I am worried the child will take most of my brother’s estate."
He then asked for advice, saying, "Since my brother has already died, I want to know whether I, as his younger brother, can correct the biological parent-child relationship on his behalf, and what legal steps are needed to exclude that child from my brother’s heirs."

After hearing the story, lawyer Park Soo-min explained, "Under our Civil Act, a child born during a marriage is presumed to be the husband’s child under the doctrine of biological paternity presumption." She added, "In principle, to overturn that presumption, one must file an Action of Denial of Paternity. However, that lawsuit can only be filed by the spouses, meaning the husband or wife, so the person who submitted this case cannot file it."
Park said, "A lawsuit to confirm the absence of a parent-child relationship is a case asking the court to determine that ‘this child and this person are not in a parent-child relationship.’" She added, "The range of plaintiffs is much broader, so not only spouses but also interested relatives may file it."
She continued, "Based on the sister-in-law’s running away, the separation, cohabitation with another man, and the genetic test results, a lawsuit to confirm the absence of a parent-child relationship could be considered." She added, "In particular, if the parent-child relationship is denied, the petitioner could become an heir, so legal standing to file the lawsuit may also be recognized."
She also advised, "It would be good to secure the genetic test results, the timing of the separation and cohabitation, and statements from family members or acquaintances who can support those facts."

[email protected] Kim Soo-yeon Reporter