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Model Moon Ga-bi (left) and actor Jung Woo-sung (Yonhap) |
The revelation that actor Jung Woo-sung and model Moon Ga-bi, who are not married, have welcomed a child has captured widespread public attention, sparking speculation about whether the child will be given Jung’s or Moon’s surname and highlighting the legal intricacies involved.
Jung confirmed on Nov. 24 that he is the father of Moon’s child, two days after Moon announced the birth on social media. While Jung pledged to "fulfill his responsibilities" as a father, he has not addressed any plans to marry Moon.
Under South Korea’s legal framework, a child typically inherits the father’s surname, following the "patrilineal surname principle" outlined in Article 781 of the Korean Civil Act. Exceptions allow a child to be given the mother’s surname if both parents agree at the time of marriage registration.
However, the naming process varies for children born to parents who are not married.
Attorney Kim Mi-ru explained on a radio program broadcast by YTN on Tuesday that while a child is ordinarily given the father's surname, a child born out of wedlock may initially be given the mother's surname until "recognition" of the child's parentage is obtained from the father.
Once recognition by the child's biological father occurs, the child generally assumes the father's surname unless the parents agree to retain the previous surname, which may require court approval.
In the context of Korean law, "recognition" refers to the process by which a biological father or mother acknowledges a child born out of wedlock as their own.
This voluntary recognition establishes a legal parent-child relationship. If a parent does not voluntarily recognize the child, legal action such as a lawsuit can be taken to achieve recognition. Through this court process, sometimes resolved through mediation, the court can enforce recognition regardless of the parent's initial consent.
As Jung already admitted that he is the father of Moon’s child, attorney Son Su-ho explained in another radio broadcast with CBS on Wednesday that the child could potentially use either Moon's or Jung's surname.
"Birth registration can be completed by the mother alone," Son said, indicating that the child could initially adopt Moon's surname. "However, using Jung's surname is also possible, as Jung has acknowledged that he is the father," Son added.
Son further clarified that "if the father recognizes the child, the child generally uses the father's surname." Nonetheless, Son mentioned that "parents can either agree or apply to the family court for approval to continue using the mother's surname," meaning the child might retain either surname depending on the circumstances.
Jung, 51, is a critically acclaimed actor in South Korea’s film industry, known for films such as "A Moment To Remember" (2004), "The Good, the Bad, the Weird" (2008), "Innocent Witness" (2019), and "Hunt" (2022). "Innocent Witness" won him the Grand Prize at the 55th Baeksang Arts Awards, one of the industry's highest honors.
Moon, 35, made her debut in 2017 and rose to fame with appearances on variety shows like "Get It Beauty." Before stepping away from the limelight in 2019, she was also featured in TV survival variety shows like "Law of the Jungle."
