Foreign employment & nationality

Korean Nationality for a Foreign Child Born Out of Wedlock — Report After Acknowledgment by a Korean Parent under Nationality Act Article 3

A foreign child acknowledged by a Korean father or mother acquires Korean nationality at the time of reporting to the Minister of Justice if the child is a minor under the Korean Civil Act and that parent was a Korean national at the time of birth (Nationality Act, Article 3). The acknowledgment is first reported to the city, town or township office, and the nationality acquisition report is filed with the immigration office for a fee of 20,000 won per person. If the child is under 15, the legal representative files on the child's behalf, and the foreign nationality must be renounced within 1 year from acquisition.

Procedure

  1. 1. Distinguish nationality by birth from nationality by acknowledgment

    If the legal father or mother was a Korean national at the time of birth, the child acquires nationality at birth under Article 2 of the Nationality Act and is not subject to a nationality acquisition report. A child born out of wedlock who holds only a foreign nationality and is then acknowledged by a Korean father or mother is subject to the Article 3 report. The child must be a minor under the Civil Act, and that parent must have been a Korean national at the time of birth.

  2. 2. Report the acknowledgment to the city, town or township office

    Under Article 855 of the Civil Act, a biological father or mother may acknowledge a child born out of wedlock. The acknowledgment report states the child's name, sex, date of birth, nationality and alien registration number if the child is a foreigner, and the mother's name and other details if the father acknowledges. Reports concerning foreigners may be filed at the city, town or township office of their residence or of the reporter's address or current location. If the mother was married to another man at the time of birth, the presumption of paternity under Article 844 of the Civil Act may be an issue, so check this first.

  3. 3. Prepare the nationality acquisition report and attachments

    The nationality acquisition report uses Form No. 1 of the Enforcement Rule of the Nationality Act, with proof of foreign status, proof of acknowledgment, proof that the father or mother was a Korean national at the time of birth, and documents needed to create the family relationship register. If the child is under 15, the legal representative files on the child's behalf. The fee is 20,000 won per person.

  4. 4. File with the immigration office and acquire nationality

    The authority over nationality acquisition reports by acknowledgment is delegated to the heads of immigration offices, so the report is filed with the competent immigration office. Nationality is acquired at the time of reporting, and once the report is accepted the person and the family relationship registration office of the registration base are notified and it is published in the Official Gazette. The head of the city, town or township that receives the notice creates the family relationship register.

  5. 5. Renounce foreign nationality within 1 year

    A person who acquires Korean nationality while holding a foreign nationality must renounce the foreign nationality within 1 year from acquisition, or loses Korean nationality when that period ends. Those for whom renunciation is impossible under foreign law, or who started the renunciation procedure within 3 months of acquisition but can prove they cannot finish it in time, may instead pledge not to exercise foreign nationality. When renunciation is completed, a certificate of renunciation or similar document is submitted.

Required documents

  • Nationality acquisition report (Enforcement Rule of the Nationality Act, Form No. 1)
  • Proof of foreign status (passport, etc.)
  • Proof of acknowledgment by a Korean father or mother
  • Proof that the father or mother was a Korean national at the time of birth
  • Documents set by the Minister of Justice that are needed to create the family relationship register
  • Proof of legal representation (when the legal representative files for a child under 15)
  • Fee of 20,000 won (per person)
  • Letter of authorization (when an administrative agent prepares and files on your behalf)

Fees

Generally from tens of thousands to several hundred thousand won in the industry. We quote after consultation based on whether the acknowledgment has been reported, the volume of foreign documents to translate and verify, and the number of children. The nationality acquisition report fee (20,000 won per person) is separate.

Legal basis and review date

  • Nationality Act, Article 2
  • Nationality Act, Article 3
  • Nationality Act, Article 7
  • Nationality Act, Article 10
  • Nationality Act, Article 19
  • Enforcement Decree of the Nationality Act, Article 2
  • Enforcement Decree of the Nationality Act, Article 13
  • Enforcement Decree of the Nationality Act, Article 29
  • Enforcement Rule of the Nationality Act, Article 2
  • Enforcement Rule of the Nationality Act, Article 18
  • Enforcement Rule of the Nationality Act, Form No. 1
  • Civil Act, Article 844
  • Civil Act, Article 855
  • Act on the Registration, etc. of Family Relationships, Article 20
  • Act on the Registration, etc. of Family Relationships, Article 55
  • Act on the Registration, etc. of Family Relationships, Article 93

Checked against the statutes on

Statutes and public notices change, so each case needs to be checked individually. Statute titles are given in English for reference. The Korean statutes are the authoritative text.

Check these first

  • The nationality acquisition report can only be filed while the child is a minor under the Civil Act, so complete the acknowledgment and the report before the child reaches adulthood.
  • Failing to renounce foreign nationality within 1 year from acquisition results in loss of Korean nationality, so check the renunciation procedure and processing time of the other country in advance.

Frequently asked questions

Does a child born out of wedlock to a Korean father and a foreign mother automatically become Korean?
A child born out of wedlock who holds only a foreign nationality does not become Korean automatically. After the Korean father reports the acknowledgment, a nationality acquisition report must be filed with the Minister of Justice under Article 3 of the Nationality Act, and nationality is acquired at the time of reporting. Where the legal father or mother is confirmed as a Korean national at the time of birth, nationality is acquired by birth under Article 2, which is a different procedure.
Can the report be filed after the child becomes an adult?
No. Article 3 of the Nationality Act requires the child to be a minor under the Korean Civil Act. After reaching adulthood, the option to consider is applying for special naturalization as a person whose father or mother is a Korean national (Nationality Act, Article 7).
What is the fee for the nationality acquisition report and where is it filed?
The fee is 20,000 won per person, and the report is filed with the competent immigration office. The authority over nationality acquisition reports by acknowledgment is delegated to the heads of immigration offices under Article 29 of the Enforcement Decree of the Nationality Act. The acknowledgment itself is reported separately and first at the city, town or township office.
Can the child keep the foreign nationality after acquiring Korean nationality?
In principle, no. The foreign nationality must be renounced within 1 year from acquisition, otherwise Korean nationality is lost when that period ends. Those covered by Article 13 of the Enforcement Decree, such as when renunciation is impossible under foreign law, may pledge not to exercise foreign nationality.
Who files the nationality acquisition report for a child under 15?
The legal representative files it. Article 19 of the Nationality Act provides that the legal representative acts on behalf of a person under 15 who wishes to make an application or report. A minor aged 15 or older files as the reporter.
Does an administrative agent handle the nationality acquisition report for a child born out of wedlock?
Yes. Hwang Yunsang Administrative Office prepares the nationality acquisition report and attachments and files them with the immigration office on your behalf, and accompanies you if the counter requires a personal visit. For the acknowledgment report filed at the city, town or township office, we help prepare the form.

Contact us

Hwang Yunsang Administrative Office in Songdo, Incheon prepares and submits administrative documents and explains the procedure. If your situation is similar, send us a message.

📍 2697, 26F POSCO Tower-Songdo, 165 Convensia-daero, Yeonsu-gu, Incheon, Republic of Korea · 📞 010-3374-2687 · 🌐 hwangadmin.com

This guide is general information based on public sources. Requirements, documents and deadlines differ by case and by the competent agency, so please confirm them before you proceed.