출생신고제도에 관한 최근 동향과 과제

Recent Trends and Legal Issues related to Birth Registration System

In our society in the past, if a biological father(unmarried father) did not know the personal information of the mother of his child therefore did not include her information on the birth registration form, the birth registration would not be accepted. As a result, there were quite a few cases where the biological father, despite raising the child, faced difficulties because he could not register the birth. Accordingly, the provisions of the Act on Registration of Family Relations concerning the reporting of the birth of children born Out of wedlock have been revised to more effectively ensure, in procedural law terms, the right to be registered at birth, as guaranteed by the Constitution. Nevertheless, issues related to birth registration still persist, and furthermore, due to the Constitutional Court's decision of constitutional inconsistency regarding Article 46, Paragraph 2, and Article 57, Paragraphs 1 and 2 of the Family Relations Registration Act, there is a need for legislative amendments concerning this matter. Meanwhile, in 2023, with the revision of the Family Relations Registration Act, legislation concerning our overall birth registration system was enacted. Through this reform, the ‘birth notification system by medical institutions’ was introduced, along with the implementation of the ‘protected childbirth system’ (anonymous birth system) under the Crisis Pregnancy Protection and Childbirth Act. Such a system is closely related to the practical protection of a child's fundamental right to be registered at birth, and it can be seen as a significant change that not only addresses the issue of birth registration for children of unmarried fathers but also brings about a major transformation in the birth registration system under our Family Relations Registration Act. The problems or legal issues arising from the birth registration of biological children, which have been controversial in our society, cannot be fundamentally resolved merely by amending the relevant provisions of the Family Relations Registration Act. Therefore, in order to achieve this, it is necessary above all to first revise the provisions regarding the presumption of paternity and actions for denial of paternity under civil law. In this study, we examine the recent amendments to the regulations concerning the registration of a biological father under the Family Relations Registration Act to understand the background of the introduction of the birth notification system by medical institutions. We then briefly review the main contents and issues of the birth notification system and protected childbirth system being implemented and consider future tasks related to birth registration.