‘Born out of wedlock’ controversy… Are rights such as child support guaranteed?

Recently, guaranteeing the rights of children born out of a non-marital relationship has emerged as an important topic, and social discussions on legal issues arising from childbirth and child-rearing without the premise of marriage are actively developing.

In fact, the number of children born out of wedlock is steadily increasing. Looking at the 'Birth Statistics' released by Statistics Korea in August last year, the number of children born out of wedlock increased to △6,900 in 2020, △7,700 in 2021, △9,800 in 2022, and △10,900 in 2023. One in 20 newborns is born out of wedlock.

Parents with minor children must fulfill their parental duties until their children become adults. According to Article 3 of the Act on Securing and Supporting Child Support (Child Support Implementation Act) and Article 64 of the Family Litigation Act, a biological father or mother who does not raise a minor child must pay child support determined by agreement or court ruling to the party directly raising the child. This applies regardless of marital status.

The problem is that there are very few cases where an unmarried caregiver receives child support from the other parent. In order for an unmarried caregiver to claim child support, he or she must first file a request for recognition with the court and have their paternity recognized under the law. However, this process is also not smooth because in most cases, contact with the birth mother or father is lost. Also, even if the child is recognized as the parent through a lawsuit, it will take a long time because a child support lawsuit must be filed separately.

Even if child support is confirmed through all procedures, the reality is that it is difficult to receive actual child support. According to the 'Legislative Impact Analysis Report of the Child Support Implementation Act' published by the National Assembly Research Service, as of 2021, the rate of single mothers claiming and receiving child support from their children's biological father was 38.3%, less than half.

This is because measures against default have not had much effect. If a person who is obligated to pay child support does not pay child support on time, he or she will be subject to legal punishment, ranging from fines to imprisonment, but since it rarely leads to actual execution, some criticize that such sanctions are useless.

Accordingly, the government announced that starting next year, it will introduce a 'child support payment system' that will first provide child support to single-parent families who do not receive child support, and then collect it from non-custodians. The state first pays child support of up to 200,000 won per month and then exercises its right to indemnification to directly recover child support from non-custodians. However, this system only applies to caregivers whose income is 150% or less of the median income.

Although it is welcome that the government operates such a system, not only are there a limited number of people who can receive preferential treatment under the advance payment system, but the amount of 200,000 won per month seems to be an insufficient amount to raise a child. I believe it is necessary to establish a more thorough child support relief system to prevent single-parent families from falling into the blind spot of legal protection.

Small Business Team

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Controversy over 'children born out of wedlock'... Are rights such as child support guaranteed? (Shortcut)