A recognition claim lawsuit refers to a request to the court to recognize a child born out of wedlock as their biological child when parents do not recognize a child born out of wedlock as their child.

Recognition claim litigation is a procedure for a person born out of wedlock to establish a legal relationship between parents and children. Once the biological relationship is recognized, it also affects various legal relationships, including inheritance rights, parental rights, and child-rearing rights and obligations.

A recognition claim lawsuit can be filed by a child, his or her immediate descendants, or their legal representative.

In principle, the other party to the lawsuit is the father or mother who must be recognized, and if the father or mother is dead, a lawsuit must be filed against the prosecutor.

A recognition claim lawsuit can be filed at any time, but if the father or mother has died, the lawsuit cannot be filed more than two years after learning of the death (Article 864 of the Civil Act).

A recognition claim lawsuit shall be ① under the exclusive jurisdiction of the family court in the place where the general forum of the other parties to the lawsuit is located, and ② if all the other parties have died, it may be filed in the family court of the last address of one of them (Article 26 (2) of the Family Litigation Act).

In a recognition claim lawsuit, the most important issue is proving the paternity relationship between parents and children. In practice, genetic (DNA) analysis is used as the most important evidence, and various other data such as birth history, photos, text messages, and parenting progress can also be considered.

If the judgment upholding the request for recognition is confirmed, the child is deemed to have had paternity from the time of birth (Article 860 of the Civil Act). Accordingly, a kinship relationship is formed between parents and children, and various rights and obligations, including inheritance rights, arise.