Family Relations Registration Procedures and Precautions

Based on 28 consultation cases · Updated October 4, 2026 · Translated from the Korean original.

The person responsible for filing a family relations registration report, the required documents, and the deadline vary depending on the event, such as a birth, marriage, divorce, or death. Before filing, check which certificates and court permissions are required. If the report is late or the facts are disputed, determine whether a separate procedure is necessary.

Parents, alternate reporters and court → Father or mother → Eligible alternate reporter → Family Court → A child's birth needs a registration report → Was the child born during a marriage? → Yes — Civil Act Article 844(1) → Can a parent report within one month? → No — Family Relations Registration Act Articles 46(2) and 57(1)–(2) → Outside marriage: the mother reports. If her details are unknown, the father needs Family Court confirmation. An alternate reporter needs an objective reason parents cannot file. → Yes — Family Relations Registration Act Articles 44(1) and 46(1) → For a child born during marriage, the father or mother is responsible for reporting within one month. → No → Is there an objective reason the parents cannot file? → Yes — Guideline No. 95 and Precedent No. 201305-2 → Documents and permissions → Check which certificates and court permissions are required. → Disputed …

Key points

The birth of a child born during a marriage must be reported by the father or mother within one month after the birth (Family Relations Registration Act, Articles 44(1) and 46(1) (가족관계의 등록 등에 관한 법률 제44조 제1항, 제46조 제1항)).
A cohabiting relative or another person lower in the order of reporting obligations may file the report only if there is an objective reason why the parents cannot do so. Circumstances that make reporting inconvenient, such as both parents working, do not qualify (Family Relations Registration Guideline No. 95 (가족관계등록예규 제95호); Family Relations Registration Precedent No. 201305-2 (가족관계등록선례 제201305-2호)).
As a rule, the mother must report the birth of a child born outside marriage. If the mother’s personal details are unknown, the father may report the birth after obtaining confirmation from the Family Court (Family Relations Registration Act, Article 46(2) and Article 57(1) and (2) (가족관계의 등록 등에 관한 법률 제46조 제2항, 제57조 제1항·제2항)).
A child born during a marriage may be presumed by law to be the legal husband’s child, making it difficult to report the birth immediately with another man named as the father. First check whether necessary court proceedings, such as an action to deny paternity, are required (Civil Act, Articles 844(1), 846, and 847 (민법 제844조 제1항, 제846조, 제847조)).
A divorce by agreement does not take effect merely upon the court’s confirmation of the parties’ intentions; a divorce report must also be filed. If the intention to divorce changes after confirmation but before the report is filed, a notice withdrawing the intention to divorce may be filed (Family Relations Registration Act, Article 75 (가족관계의 등록 등에 관한 법률 제75조); Family Relations Registration Rules, Article 80 (가족관계등록 등에 관한 규칙 제80조)).
As a rule, a person with no family relations registration may file a report to establish a register after obtaining, for example, the court’s permission to establish one. Establishment may not be permitted if the person can be registered through another procedure (Family Relations Registration Act, Articles 101 and 103 (가족관계의 등록 등에 관한 법률 제101조, 제103조); Civil Act, Article 781(4) (민법 제781조 제4항)).
A death report requires a medical certificate, a post-mortem examination certificate, or another written document proving the death that may be substituted for those certificates. If a report of a declaration of disappearance has already been filed, a separate death report for the same person is not required (Family Relations Registration Act, Article 84 (가족관계의 등록 등에 관한 법률 제84조); Civil Act, Article 28 (민법 제28조)).

Frequently asked questions

Q. Who must report a birth, and by when?

A child born during a marriage must be reported by the father or mother within one month after birth. A fine may be imposed if the report is delayed without just cause. If the child’s welfare may be at risk, a prosecutor or the head of a local government may file the report.

Case 11, Case 22

Q. If the parents are too busy to report the birth, can the grandparents do it instead?

If there is an objective reason why the parents cannot file the report, a cohabiting relative or another eligible person may do so in the order prescribed by law. Circumstances that make reporting inconvenient, such as both parents working, are not considered a reason they cannot file. The parents may therefore mail the report or have another person submit it.

Case 11

Q. If the mother of a child born outside marriage is unknown, can the father report the birth?

As a rule, the mother is responsible for reporting the birth of a child born outside marriage. However, if the mother’s name, registered domicile, or resident registration number is unknown, the father may report the birth after obtaining confirmation from the Family Court. A certified copy of the court’s confirmation must be attached to the report.

Case 7

Q. Can I immediately report a child born with another person while separated during my marriage as the biological father’s child?

If a child is presumed by law to have been born during a marriage, it may be difficult to report the child immediately as another man’s child, even after a lengthy period of separation. You should first check whether proceedings to challenge the presumption of paternity, such as an action to deny paternity, are required.

Case 3

Q. If we married abroad and also registered our child’s birth there, do we still need to report the marriage in Korea?

If the marriage was performed in accordance with the formalities prescribed by the law of the place where it was celebrated, the explanation in the case indicates that the marriage may be valid even if it was not separately reported in Korea. A child of Korean-national parents may be reported in Korea after the relevant marriage and birth certificates and other documents have been prepared.

Case 9

Q. Can I cancel a divorce even after the court has confirmed our agreement to divorce?

Either party may withdraw their intention to divorce before the divorce report is accepted. If a notice withdrawing the intention to divorce is received first, a subsequent divorce report by the other spouse will not be accepted. If three months have passed since the confirmation was issued, confirmation must be obtained again.

Case 2

Q. I reported a death abroad. Can I submit a copy certified as a true copy instead of the original?

The case explains that a report submitted with a copy certified as a true copy by a family registration official, rather than the original document proving that the death was reported, cannot be accepted. If a death certificate or post-mortem examination certificate cannot be obtained, another document proving the death may be substituted, but the reason for the substitution must also be stated in the report.

Case 15, Case 8

Q. How can a person with no family relations registration at all be registered?

If registration is not possible by other means, a person may file a report after obtaining, for example, the court’s permission to establish a family relations register, attaching a certified copy of the permission. A person whose registration status has not been confirmed, or someone who is eligible to report a birth, may not be able to use the register-establishment procedure immediately. They should first check their registration status and whether a report can be filed.

Case 5

Relevant laws

Family Relations Registration Act, Article 9 (가족관계의 등록 등에 관한 법률 제9조)
Family Relations Registration Act, Article 20 (가족관계의 등록 등에 관한 법률 제20조)
Family Relations Registration Act, Article 26(1) (가족관계의 등록 등에 관한 법률 제26조 제1항)
Family Relations Registration Act, Article 29 (가족관계의 등록 등에 관한 법률 제29조)
Family Relations Registration Act, Article 31(1) (가족관계의 등록 등에 관한 법률 제31조 제1항)
Family Relations Registration Act, Article 38 (가족관계의 등록 등에 관한 법률 제38조)
Family Relations Registration Act, Article 44(1) (가족관계의 등록 등에 관한 법률 제44조 제1항)
Family Relations Registration Act, Article 46 (가족관계의 등록 등에 관한 법률 제46조)
Family Relations Registration Act, Article 47 (가족관계의 등록 등에 관한 법률 제47조)
Family Relations Registration Act, Article 52 (가족관계의 등록 등에 관한 법률 제52조)
Family Relations Registration Act, Article 57(1) and (2) (가족관계의 등록 등에 관한 법률 제57조 제1항·제2항)
Family Relations Registration Act, Article 75 (가족관계의 등록 등에 관한 법률 제75조)
Family Relations Registration Act, Article 84 (가족관계의 등록 등에 관한 법률 제84조)
Family Relations Registration Act, Article 101 (가족관계의 등록 등에 관한 법률 제101조)
Family Relations Registration Act, Article 103 (가족관계의 등록 등에 관한 법률 제103조)

Watch out for

A birth must be reported within one month after the birth. A fine may be imposed for a late report.
If three months have passed since the certificate confirming the intention to divorce by agreement was issued, confirmation must be obtained again. If the intention changes before the divorce report is filed, a notice withdrawing the intention to divorce may be filed.
The documents to be attached to a report vary by case. A copy certified as a true copy may not be accepted for a death report, so check whether the original is required.
Knowingly filing a false death report using false materials for someone who has not died may result in criminal penalties.

Source cases

This guide was compiled by AI from the following Korea Legal Aid Corporation consultation cases (in Korean).

This guide is general legal information about Korean law, not legal advice for your situation. For a specific case, consult a lawyer or the Korea Legal Aid Corporation (call 132 in Korea).