[Chatting] "Where is the adopted daughter who ran away from home 10 years ago...Can I get a debt reminder?

□ Broadcast date and time: 01/02/2025 (Thursday)
□ Host: Attorney Jo In-seop
□ Cast: Attorney Woo Jin-seo

* The text below may differ from the actual broadcast content, so please check the broadcast for more accurate information.
◆ Jo In-seop: Rohouse for you. I'm with lawyer Woo Jin-seo. Hello.

◇ Woo Jin-seo: Hello, I'm Woo Jin-seo, lawyer of Shinsegae Law Firm.

◆ Jo In-seop: Let's first talk about what kind of concerns you have if you come to the counseling center today.

■ DEAR READER: My husband and I got married while we were a little older. We were economically relaxed and had a good personality. The only concern was not having children, but I thought I would be able to conceive safely. However, two or three years have passed without children, and my heart has become impatient. I went to the hospital, but it didn't work. Whenever I met my acquaintances, I expressed my desire for the baby, and people around me recommended me to adopt him. I visited an adoption agency with the introduction of an acquaintance and saw a 100-day-old girl. I left it to an adoption agency because a single mother couldn't afford to raise it after giving birth. We have announced our intention to adopt to the institution. My child's biological mother did not register her birth, so I registered her birth and adopted her as my couple's child. I raised my daughter with all my heart because I was desperate for her. However, the more the daughter became, the more rebellious she became. When I was in middle school, I ran away from home many times while experiencing severe puberty. In the summer of my first year of high school, I left home at all and haven't come back until now, 10 years later. Instead of the waiting daughter's contact, a debt reminder came in. We've paid off our child's debt a few times instead, but we're still getting a debt reminder. Both my husband and I are old and retired, so it's hard to pay off our debts anymore. I think I need to end my relationship with my daughter here, is it possible?

◆ Jo In-seop: It was the story of a person who wanted to clear up his relationship with his adopted daughter at the counseling center of lawyer Jo In-seop. Looking at the story, I think you must have suffered a lot.

◇ Woo Jinseo: Yes. Just because my child left home, I put a nail in my parents' chest, but I don't contact them, so I think it's going to be very hard because I'm only getting a debt reminder.

◆ Cho In-seop: In the past, when people adopted children who were not their biological children through institutions, they often put them on the family register through a birth registration attached with a certificate of companionship, but these days, it will be rare because they have to follow the procedures in adopting children. You seemed to have longed for your children and worked hard to raise them, but a sad situation has arisen. What kind of lawsuit can I file in this case?

◇ Woo Jin-seo: Yes, first of all, you registered your birth as a biological child with the intention of adoption, so the adoption takes effect even though it is a bit wrong in form. However, if the birth registration of the biological child has an adoption effect in the form, it seems that you will have to file a lawsuit to confirm the absence of the biological parent-child relationship in lieu of the dismissal as a means to resolve it. 

◆ Jo In-seop: In the case of a lawsuit for confirming the absence of a general paternity relationship, it can be cited if it is proved through genetic testing that it is not a blood relationship, claiming that it was a case where the child could not conceive. Is it the same when filing a lawsuit for confirmation of the absence of a biological parent-child relationship in lieu of the above? 

◇ Woo Jinseo: No, it's not. First of all, it is a procedure to resolve the adoption effect as long as the birth registration is made with the intention of adoption, so it is judged based on the dismissal of the trial. In the case of dismissal in court, the civil law stipulates that the reason for the dismissal is when the adoptive parents abuse or abandon their adoptive parents, when the life and death of the adoptive parents are not clear for more than three years, and when a serious reason occurs that makes it difficult to continue the parent-child relationship. However, in this case, there is a serious reason why it is difficult to continue the parent-child relationship because the foster parents have already been unable to contact their children for more than 10 years and the debt has already been paid off several times.  

◆ Jo In-seop: Looking at the story, it seems that there is no way to inform the lawsuit itself because the address is the home of the adoptive parents and I don't know the contact information. Is it possible to file a lawsuit in this case as well?

◇ Woo Jinseo: Yes. If you look at the jurisdiction under the Domestic Litigation Act, you are asked to file a lawsuit with the family court that has jurisdiction over the other party's address, but if the other party's last address or residence is unknown, you are asked to file a lawsuit with the family court where the Supreme Court is located. It's about filing a complaint with the Seoul Family Court. In this case, we have not been able to contact you for more than 10 years, so we need to explain the reason why we filed a lawsuit with the Seoul Family Court and the situation where we have not been able to contact you so far. 
 
◆ Jo In-seop: Even if the delivery problem is handled, it is a case where genetic testing cannot be performed in practice. Can the court rule in this case as well?

◇ Woo Jin-seo: In general, in addition to the reason for the wave, genetic testing should prove that there is no biological blood relationship. However, in the past, the Seoul Family Court confirmed that data such as adoption records remained in the adoption agency through fact-finding, and based on the order to submit documents, it was decided that the parent-child relationship did not exist.   

◆ Cho In-seop: If the decision to confirm the existence of the biological parent-child relationship is made, the family relationship register could be closed in the case of children. 

◇ Woo Jin-seo: Yes, it becomes an orphan and an invincible person without a family register as it is removed from the family relationship register of actual adoptive parents. If the above adoption agency can find information about the real mother, it seems that it can file a lawsuit against the real mother to confirm the existence of the real parent-child relationship. 

◆ Jo In-seop: What happens if you can't find information about your biological mother?

◇ Woo Jin-seo: If you can't find information about your real mother, it seems difficult to file a lawsuit against your real mother to confirm the existence of your real child or family, so you can request a trial seeking the creation of your family name. If necessary, it is expected to be possible to change the name along with the establishment of a family relationship register. 

◆ Jo In-seop: Now, to summarize the contents of the consultation so far, in order to resolve the adoption, we need to file a lawsuit to confirm the absence of the parent-child relationship in lieu of the dismissal. In the case of the story, the confirmation of the absence of a biological parent-child relationship is judged based on the dismissal of the trial, and there seems to be a serious reason because there has been no contact with both children for more than 10 years and there is a debt problem. Even if you don't know your address or contact information, you can file a lawsuit with the Family Court, and you should explain the circumstances of reporting your disappearance to the Seoul Family Court and the situation in which you can't contact them. Even if genetic testing is not possible, the court will be able to confirm that the biological parent-child relationship does not exist through data from the adoption agency. If the decision to confirm the existence of a biological parent-child relationship is made, the child will be canceled from the family relationship register and become invincible, and if you find information about the biological mother at the adoption agency, you can file a lawsuit to confirm the existence of a biological parent-child relationship. If the information of the real mother cannot be found, you can request a trial seeking the creation of the family name and main body, and you can also create and rename a family relations register. So far, I've been with Woo Jin-seo, a lawyer at Shinsegae Law Firm.

◇ Woo Jinseo: Thank you.

◆ Cho In-seop: You can listen to Cho In-seop's counseling center again on YouTube and on the website. If you have any questions or suggestions, please leave a message on the consultation bulletin board on the website. You can contact Shinsegae-ro, a law firm, separately.