Lee Si-young's Pregnancy with Second Child After Divorce: What Obligations Arise for Her Ex-Husband Upon Establishing Legal Parent-Child Relationship?
Actress Lee Si-young, who announced her pregnancy with a second child through frozen embryos without the consent of her ex-husband, has generated expert opinions suggesting that she could receive child support from her former husband.
On the 8th, Lee Hyun-gon, a former judge at the Seoul Family Court, shared on his Facebook that he had received inquiries from reporters regarding Lee Si-young and that he organized the legal aspects. He stated, "Since the child will be born to a person who is not married, the recognition procedure must be followed. The biological father can either recognize the child directly or file a recognition lawsuit. A legal parent-child relationship is established through recognition."
He further explained, "Once a legal parent-child relationship is established, all rights and obligations such as parental rights, custody rights, visitation rights, and inheritance rights arise. The obligation to pay child support will naturally also arise."
The lawyer emphasized that if Lee Si-young gives birth after undergoing IVF without her ex-husband’s consent, there could be legal responsibilities to consider.
He noted, "Once a legal parent-child relationship is established, the corresponding rights and obligations follow. Just because an unwanted pregnancy occurs does not mean that child is not mine," he explained.
Earlier that day, Lee Si-young revealed that she had successfully conceived by implanting a fertilized embryo that was scheduled for disposal without her ex-husband's consent.
Lee Si-young, who gave birth to her first child in 2018, made the decision to implant the embryo—opting against discarding it as the maximum storage period of five years for the sperm and eggs kept with her ex-husband was approaching.
An entertainment industry source told JTBC, "Lee Si-young had a strong desire for a second child," adding, "At the age of forty-three in Korean age, she made a significant decision not to miss her last chance to give birth as a mother."
Meanwhile, a recognition lawsuit is a legal action taken by a child born out of wedlock to establish a legal parent-child relationship with either the biological father or mother. Accordingly, Lee Si-young and her child can file a recognition lawsuit if the biological father voluntarily refuses to recognize the child. Of course, there is also a possibility that the biological father may directly follow the recognition procedure beforehand.
To proceed with a recognition lawsuit, documents such as a birth certificate, family relation certificate, resident registration details, and genetic testing results are required. If the court recognizes the parent-child relationship, this recognition is applied retroactively to the time of the child's birth.
Once a legal parent-child relationship is established, various rights and obligations, including parental rights, custody rights, inheritance rights, and visitation rights, will arise.
Image Source: Lee Si-young / News1, Lee Si-young / News1, reference photos for understanding the article / gettyimagesbank
