The case of a wife who died while giving birth to a child of an adulterous man. Afterword

An incident that caused a stir in 2023

A couple who already had three children.

My wife was having an affair, so I started a new home and was going through divorce proceedings.

His wife dies (brain death) from pulmonary embolism while giving birth to the child of her incestuous man.

It is certain that this baby is the child of an adulterous man.

Problems arise due to the law of presumption of paternity.

Article 844 (Presumption of husband’s biological child) ① Children conceived by a wife during marriage are presumed to be the husband’s children.

The reason this law exists is because it was created at a time when genetic testing did not yet exist.

Because the wife died before the divorce process was completed.

He has become the legal husband of the deceased wife and the legal father of the baby.

The person who is said to be the biological father (the incestuous man) has disappeared, and the obstetrician and gynecologist cannot do anything about the child who has nowhere to go for a month.

There is no choice but to report the husband for child abandonment.

As a result of the genetic test, a paternity discrepancy was revealed.

The local government also says you must contact your husband to register the birth.

You can later file a “suit for denial of paternity” to erase this relationship.

From my husband’s point of view, I did not want a record of a child from an adulterous man remaining in my family register.

Do not accept requests from local governments

Isn’t it possible for even the surviving family members of the wife to take the child in place of the adulterous man who disappeared?

My wife was an orphan with no family or relatives, so even this was impossible.

In the end, the husband filed a lawsuit for denial of birth, and fortunately, this was accepted.

Local governments will be able to register births ex officio.

The crime of child abandonment reported by the obstetrics and gynecology department is also not charged and the charges are dismissed.

Meanwhile, the child’s fate was harsh.

There were situations in which local governments could report births ex officio, but this was being postponed.

This is because the deceased wife had a debt of 50 million won, so if she registers the birth, she must inherit it.

The husband went through legal procedures and renounced the inheritance, but the baby does not have the ability to do so.

We couldn’t put off the birth registration forever, so we proceeded with it for now.

Fortunately, a short-term worker working at the facility that took care of the baby became the legal guardian.

It is said that the inheritance relinquishment lawsuit was successfully carried out.

Afterwards, the baby is sent to another facility.

Nothing is known about the story after that for the sake of child protection.

A lot of time has passed, so they may have been adopted now.

Meanwhile, the whereabouts of the adulterous man (his biological father) are also unknown.

This person is known to have bad behavior.

It is said that the quality was very poor, including theft, child molestation, and promiscuous and exploitative relationships with women.

It can be said that it is 100 times better for a person like this to adopt a child than to take care of it and raise it.

In the end, it’s because of a man who had an affair with a man who was in the middle of a terrible life, and his wife who had an affair with him.

Only the husband, his three children, and the illegitimate child suffered.

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