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Growing concern of couples who want to give their children maternal sex
Is it possible to change the sex of a child in a family that has remarried through the ‘Child’s Last Name Change System’?
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The couple, who have been married for 7 years this year, are seriously considering divorce on paper. It is about passing the mother’s last name to a child who will be born soon. Currently 5 months pregnant, Mr. A is active as a member on the Facebook page ‘Right to pass on mother’s surname’. He also participated in the Blue House National Petition last year. From the moment of love, the couple said that when they have children, they should use positivity, but put the mother’s last name first. However, since there was no immediate birth plan, they did not write a separate agreement to follow the mother’s last name when registering the marriage seven years ago. Under the current system, to deliver the mother’s last name to a child, when a couple files a marriage record, the child’s last name must be marked separately and a separate agreement must be submitted. Although they wanted the Civil Law to be revised, ‘Children follow sex and the father’s example’ (Parental priority), the married couple is about to give birth. The couple, who have children after 7 years of marriage registration, are currently considering a method to re-register the marriage after consulting the divorce. Mr A regrets this situation. “Because I did not plan to have children right away, I did not comply with the agreement on the sex of my son when registering the marriage. After a considerable period of time after the registration of the marriage, I have a son and now I am trying to give up my last name, so there is no answer except for divorce. ”
Is there really no other answer than divorce?
Sleeping follows the pattern of wealth. However, if the parents agree to follow the mother’s last name when registering the marriage, the mother’s last name will be followed. ‘(Civil Law Article 781, Paragraph 1) If you want to transmit the mother’s last name, but do not have a separate query when registering the marriage, how do I pass the mother’s last name to an unborn child? Is there a way to file a remarriage report after divorce? Under the current system, there are two ways to pass the mother’s last name to the child of a married couple who will be born without a separate agreement when registering the marriage. First, report remarriage after consultation divorce that Mr. A is considering. In the case of a negotiated divorce system, divorce is possible after a three-month period of consideration of the divorce and presentation of documents without the need for any specific reason. If there is a special reason, the meditation period for divorce may be shortened or a waiver may be requested. When filing a marriage report again, it is only possible by the intention of the person without special restrictions. A couple can go through this procedure for five months before the birth of their children, if they are conscious. Second, use the “personal performance model change” system. This system is a procedure in which the family court grants permission to change the gender of the child for the “ welfare of the child ” if it is necessary to allow the change of gender of the child in the event of a change in the family relationship or the formation of a new one. family relationship. If you apply to the nearest family court, it will take one to two months as soon as possible, and several months depending on the court. The parent who is the child’s representative can make a request and, if the mother requests it, the consent of the biological father is required. This system was introduced in 2005 when the Civil Law was revised to solve the problem that the children of remarried families suffer from different surnames than those of their new parents. However, the court explains that it can now be used outside of families who have remarried. The Korean court website guides this system in the sense that “the requirement of ‘for the welfare of the person’ can be interpreted broadly, so that the system for changing the performance of a person and their family is you can use widely in addition to families who have remarried. ”
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The Seoul Family Court handled 546 cases last year after receiving a request for a system to change a child’s name, of which 473 were cited. There were 41 layoffs and another 32, including retirement. The citation rate is 86.6% in 2020, 82.1% in 2019, and 82.2% in 2018. If a couple who wants to pass on their mother’s last name does not submit a separate agreement in the registry of the marriage, can this system change the child’s last name? Seoul Family Court Public Affairs Judge Jeon Jeon Tae said, “The proportion of citations for treatment is high, around 85%, but now it is mainly used as a case to follow the stepfather’s last name when the mother remarries after marriage. The relationship between father and mother is destroyed, he said. However, he said that it was possible to submit an application in order to surrender the mother’s surname. Judge Jeon said, “I have not seen any case where I have requested the surrender of the mother’s sex, but it is not impossible if there is parental consent. It depends on how the judge interprets ‘the welfare of the person.’
Is it possible to use the ‘Latest name change system for children’?
Even on paper, going through the divorce process before giving birth is not an easy option for a couple. Experts say the “character change system” is worth taking advantage of. Attorney Deoksu, a local law firm, said: “I recommend the second method of requesting permission to change the name after the child is born, rather than the first method of visiting the court due to the impending delivery. “If the couple wants to pass on the sex of their mother, and if you interpret ‘the welfare of the child’ broadly, there seems to be no reason why the court should not accept it.” However, in the case of the child’s surname change system, the fact of the child’s surname change remains on the child’s basic certificate after being cited. The current attorney said, “If you don’t want this, you will have to file a remarriage report after the divorce.” In the case of using the ‘request for permission to change the name of a child’, parents can apply by visiting the nearest family court after giving birth and notifying the birth based on the sex of the father. The current attorney said: “The number of layoffs from this system is not as high as 10% of the number of treatment cases. In the case of dismissal, it is mainly when the parents with the original or previous last name are paying alimony for the child, or they oppose changing the child’s last name or original without wanting to renounce parental authority ”.
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The couple are in a difficult situation whether they must first challenge themselves to the ‘unprecedented request for permission to change the person’s last name’ or go through paper divorce proceedings crying and eating mustard. Mr A said: “I have doubts because I do not know how the decision of the judiciary will turn out with the performance of this system of change, and divorce on paper seems safer. “We have not made a final decision yet, but after careful consideration, we will decide in a safer direction to pass on the mother’s last name.” In May last year, the “Legal Improvement Committee for Inclusive Family Culture” of the Ministry of Justice recommended that the government abolish the principle of patriarchal priority in civil law. The Ministry of Gender Equality and Family also announced last month the ‘Fourth Basic Plan for Healthy Families’ (2021-2025) and announced that it is seeking changes in laws and systems in the direction of changing the method of determining gender of children from parental priority. to the agreement of the parents. Previously in the National Assembly, in August last year, the member of the Democratic Party Jung Chun-sook proposed a reform to the Civil Law with the content of abolishing the principle of priority of paternity in article 781 of the Civil Law, and in October of it. year, Justice Party member Lee Eun-ju proposed the “ Second act on writing sex and bones without discrimination. ” This is the content of the modification of the Civil Law and the Family Relations Registry Law so that the child’s last name is determined at the time of notification of birth. However, there is no discussion in the National Assembly. The Ministry of Gender Equality and Family responded on the 16th that “we are consulting with the Ministry of Justice and listening to opinions”, but it did not have a specific plan to improve the method of determining gender by gender. As it is not known when the law will be revised, couples who want to pass on their mother’s last name are getting deeper today. By Kim Mi-hyang, Staff Reporter [email protected]
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