A legal expert has clarified the ongoing debate surrounding Lee Si Young, who recently gave birth to her second daughter after implanting a frozen embryo without her ex-husband’s consent.
On the November 17th broadcast of YTN Radio’s Attorney Lee Won Hwa’s Case X-File, lawyer Lee Jung Min explained, “On the 5th, Lee Si Young personally announced the birth of her second child, but the key issue is that she was already divorced from the child’s father, A, at the time.”
Public controversy grew after it became known that the embryo implantation proceeded without the ex-husband’s consent. However, the attorney noted that criminal liability appears unlikely. “The law requires confirmation of both parties’ intent only at the creation stage of the embryo,” Lee said. “There’s no consent requirement for the implantation stage.”
Regarding potential civil disputes such as damages, the lawyer added, “If the initial consent form explicitly included the implantation stage and the spouse read and signed it, it would be difficult to challenge. But if the ex-husband clearly notified them he was withdrawing consent before implantation, a legal dispute is possible.”
He continued, “Considering that A publicly stated he would ‘fulfill his responsibilities as a father,’ it’s difficult to view him as having revoked consent.”
The attorney also noted that Lee Si Young’s second child could be legally categorized as out of wedlock. “Until the ex-husband formally acknowledges paternity, the law treats the two as unrelated,” he said. Regarding child support or paternal responsibility, he added, “Before paternity is acknowledged, there is no presumed parent-child relationship—and therefore no legal duty. But once paternity is acknowledged, the child gains all the same rights and obligations as one born within marriage.”
Inheritance was also addressed: “If the child is acknowledged as a biological child, they become a first-priority heir. However, Lee Si Young herself has no inheritance rights, because she is no longer the spouse.”
>> Lee Si Young Announces Pregnancy After Divorce, Ex-Husband Responds
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