South Korea to allow unmarried fathers birth registration, expand family definition

South Korea is set to revise its laws to recognize unmarried fathers' rights to register the birth of their children, a significant step towards gender equality in family law. The Ministry of Gender Equality and Family announced its plan to amend the Family Relations Registration Act and the Civil Code, allowing fathers in non-marital relationships to register their children's births.

This policy shift comes after a constitutional court ruling in 2023 declared the existing law unconstitutional. Previously, only the birth mother could register a child born outside of marriage. Although the deadline for legislative action passed in May last year, the issue remained a legal gap. The planned amendments will introduce a 'paternity denial' claim for men who are not the legal husband but are the biological fathers of a child born to a married woman, thereby challenging the presumption of paternity.

Beyond birth registration, the ministry intends to expand the legal definition of 'family' under the Framework Act on Healthy Families. Currently, the law defines family strictly as units formed by marriage, blood relations, or adoption. The proposed changes would include diverse family structures, such as cohabiting couples without marital ties, enabling them to access government and local authority welfare services.

This initiative reflects a broader societal shift and addresses the growing number of non-traditional households in South Korea. The ministry cited a threefold increase in non-kin cohabiting households over the past decade and the increasing number of single-person households among the elderly, highlighting the need for legal and social support systems that cater to these evolving family forms. The plan aims to facilitate mutual care and support within these diverse domestic arrangements.

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Non-kin cohabiting households have tripled in the past decade, and 37.8% of households with individuals aged 65 and over are single-person households, which are vulnerable to care issues.