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Foreign children seeking legal recognition from Korean parents can now secure long-term stay rights and legal employment during court proceedings, eliminating a regulatory loophole that often forced vulnerable families into financial hardship or overstaying their visas.

Under updated immigration guidelines revealed Friday by the Ministry of Justice, children without citizenship and their custodial parents involved in paternity suits will be eligible for a G-1 visa, a long-term humanitarian status granted in six-month increments for the duration of legal disputes.

Crucially, the policy opens a pathway to temporary work permits for parents and guardians following review by an internal human rights committee, allowing them to support themselves legally while navigating the court system.

“The measures are designed to fulfill the state’s minimum humanitarian obligation by preventing hardship for children of Korean lineage and their guardians during trial proceedings,” acting Justice Minister Lee Jin-soo said.

Until now, foreign mothers or fathers entering Korea on short-term C-3 tourist visas to file paternity suits faced severe bureaucratic constraints. Short-term visas restrict stay to a maximum of 90 days, while standard litigation can take a year or longer. Even when courts granted temporary visa extensions on humanitarian grounds, recipients were explicitly prohibited from seeking work.

Paternity lawsuits, known locally as “inji cheonggu sosong,” are often the only legal avenue for children born outside marriage to establish biological lineage with a Korean father. Under Korean nationality law, establishing paternal ties is a prerequisite for a child to claim Korean citizenship, child support or inheritance rights.

The previous lack of legal work authorization frequently created a Catch-22 for foreign mothers: remain in the country without an income to fight for their child’s rights, or return home and abandon the legal process altogether.

Under the new framework, applicants must present proof of active litigation and initial evidence demonstrating a likelihood of biological relation, such as photographs, correspondence or DNA screening records. Once granted G-1-3 status, guardians can apply for work permits through immigration offices, which will refer cases to the ministry’s Advisory Council on Foreigners’ Human Rights and Interests, according to the ministry.

Approved applicants will be permitted to work in designated nonprofessional sectors, such as manual labor, while adult entertainment, gambling and adult-oriented venues remain strictly off-limits.

Immigration experts and civil rights groups have long urged the government to reform visa policies affecting mixed-heritage children, arguing that children waiting for judicial recognition should not be punished for their parents’ marital status or legal ambiguity.

This article was published with the assistance of generative AI and edited by The Korea Times.