Proliferation of Paternity Confirmation Genetic Testing
The personal life controversy surrounding Jo Dong-yeon, the recently resigned co-chair of the Democratic Party's emergency committee, is heating up. It was revealed that Jo lost a paternity disavowal lawsuit filed by her ex-husband in 2013 and paid 100 million won in consolation money the following year. A paternity disavowal lawsuit is a legal action to deny the parent-child relationship when, despite the presumption of paternity under civil law, the registered father is not the biological parent. The basis for this was the result of a genetic (DNA) test that confirmed 'paternity non-conformity.' A familiar plot point in melodramatic TV shows, but it is also occurring openly in the real world. Companies explain that requests for paternity tests increase whenever the issue of celebrities' out-of-wedlock children arises. An official from Company A, which conducts an average of 100 paternity confirmation tests per month, stated, "In just the past week, we received over 50 inquiries," adding, "While genetic testing itself cannot be considered a trend, public interest seems to heighten whenever issues like this emerge."
Increased Requests When Celebrity Out-of-Wedlock Children are Discussed
As of November, there are 236 genetic testing institutions registered with the Korea Disease Control and Prevention Agency, including university hospitals and non-medical facilities. Major university hospitals and private research companies primarily conduct paternity confirmation tests. However, as private companies require approval from the Ministry of Health and Welfare to operate, there are only around 5-6 institutions in South Korea that specialize in paternity testing. Hwang Chun-hong, CEO of Daou Gene, stated, "While paternity tests are widely used in divorce lawsuits, we have a steady increase in customers requesting tests for various reasons, including family register corrections." He added, "Our company has a competitive advantage by using self-developed reagents, but most domestic companies engage in diverse genetic businesses in addition to paternity testing, as reagent costs are high and expensive equipment is required."
Until the mid-2000s, paternity test costs ranged from 800,000 to 1 million won, but have now dropped to around 100,000 won (for individuals at private companies). This cost reduction is attributed to the Korean government's successful independent development of domestic DNA reagents for paternity testing in early 2015. DNA reagents are essential not only for paternity confirmation but also for forensic analysis of genetic information and samples from criminals. Previously, the government imported and used 100% American products. As domestic reagents became widespread and costs decreased, public accessibility to paternity testing improved. An industry official stated, "While there are variations between companies, the number of tests has increased by over 10% annually in the past five years," explaining, "Particularly after the abolition of the adultery law in 2015, there has been an increase in cases seeking compensation and child support."
Paternity confirmation through genetic testing involves obtaining DNA fingerprints from the father or mother and child to determine if they are blood-related. A DNA profile refers to this genetic fingerprint. Every cell in our body contains the original genetic material from the fertilized egg, which is the 23 pairs of DNA inherited from both parents. Paternity testing extracts various DNA samples from blood, hair follicles, saliva, etc., and compares the parent and child's DNA profiles to assess the likelihood of a biological relationship. A genetic testing company official stated, "By examining 16 loci (locations) in the two individuals' DNA, paternity can be determined," adding, "If even one locus out of 16 does not match, they are deemed not biologically related." If 1-2 loci are mismatched, further analysis is conducted to check for potential mutations. If a final paternity determination is made through genetic testing, the probability of not being biologically related is reportedly as low as 1 in 47 trillion.
In TV dramas, scenes often depict secretly obtaining hair or toothbrushes from the child or spouse for testing without their knowledge. In reality, while consent from the legal representative is required if the test subject is a minor or mentally incapacitated, testing can be requested without the individual's consent. However, for legal validity when submitting results to public institutions, the individual's consent and identity verification procedures are necessary. Test results are typically notified to the requester within 1-2 days. An official from Company B explained, "Around 30% of the personal confirmation cases submitted to our company show non-paternity."
Industry Official: "Around 30% Show Non-Paternity"
The number of "existence or non-existence of parent-child relationship confirmation (disavowal)" lawsuits to determine parental status is increasing annually. According to the Judicial Yearbook, cases more than doubled from 2,292 in 2005 to 5,224 in 2015. Although domestic relation cases decreased somewhat last year due to the COVID-19 pandemic, the proportion of paternity-related cases among all domestic relation cases slightly increased compared to five years ago. The legal community analyzes that this trend is influenced by economic downturns, as determining the presence of dependents is crucial for qualifying for basic living subsidies. Many retroactively file lawsuits to cancel family registrations that previously included non-biological individuals due to family circumstances, to meet subsidy eligibility requirements. Lawsuits surrounding inheritance among families have also risen amid surging real estate prices.
With the proliferation of more open sexual attitudes, disputes over paternity of out-of-wedlock children have become more frequent. Under Article 844 of the Civil Act, a child born within 200 days after the formation of marriage or within 300 days after the termination of the marital relationship is presumed to be the legitimate child. In simpler terms, unless exceptional circumstances exist under the law, a child born within a specific period is presumed to be the husband's biological child. While a child born to a legally married couple is presumed to be the husband's, if the child is not biologically related, either spouse can file a lawsuit within a certain period to rebut the presumption of legitimacy and legally deny the parent-child relationship. Conversely, if the presumption of legitimacy was not granted or if a false birth registration exists with no biological relationship, a lawsuit to confirm the existence or non-existence of the parent-child relationship can be filed.
The ease and accuracy of confirming biological relationships through simple genetic testing is also cited as a factor contributing to the increase in paternity lawsuits. Genetic testing for paternity confirmation was first introduced in South Korea in 1991. In nearly 5,000 annual paternity confirmation lawsuits, genetic test results carry absolute influence on judgments due to their high accuracy and reliability as evidence.
Divorce specialist Kim Bo-ram stated, "In the past, it was not easy to file lawsuits due to issues of reliability and cost associated with genetic testing," adding, "Recently, as genetic testing institutions have grown qualitatively and quantitatively, and courts recognize the results as strong evidence, lawsuits have increased accordingly." She further noted, "If a genetic test is court-ordered but refused without justifiable reason, it can negatively impact the decision."
Source: Joongang Daily
