Actress Lee Si-young's Second Childbirth Without Ex-Husband's Consent: Legal Experts Say Criminal Charges Unlikely

Legal experts have weighed in on actress Lee Si-young's recent childbirth, conceived using frozen embryos without her ex-husband's explicit consent, stating that criminal charges are unlikely.

During an appearance on YTN Radio's 'Lawyer Lee Won-hwa's Case X-File,' lawyer Lee Jung-min analyzed the situation. She explained that while South Korea's Reproductive Clones and Related Technologies Act requires spousal consent at the time of embryo creation, there is no regulation mandating renewed consent at the implantation stage.

"It is highly probable that the documentation for creating the embryo at the time included a clause for 'implantability,' which could be interpreted as tacit consent," lawyer Lee stated. She further elaborated that since the implantation occurred after the divorce, the legal presumption of children born during marriage does not apply. Legally, the child is born as an 'illegitimate child' with the ex-husband's genetic material. However, as the ex-husband has already expressed his intention to fulfill his paternal responsibilities, legal parentage, including rights and obligations for child support, inheritance, and visitation, would be established upon formal recognition (acknowledgment).

Addressing the concern that she might be held responsible for getting pregnant without her ex-husband's consent, lawyer Lee argued, "If consent was already given at the embryo creation stage, it is difficult to penalize the implantation itself." She added that while the possibility of civil damages might arise if there was a clear withdrawal of consent submitted to the hospital before implantation, the absence of evidence for such a withdrawal in this case makes legal disputes unlikely.

Lawyer Lee emphasized the need for a systemic improvement, suggesting that the current situation where a child's legal status regarding their father is not immediately determined at birth can be excessively harsh for the mother. Lee Si-young recently welcomed her second daughter and garnered attention for her stay at one of the nation's most luxurious postpartum care centers.

Netizens have shared varied reactions to Lee Si-young's case. Comments included sentiments like, "Legally it might be the case, but it still feels unsettling," "Lee Si-young has already gone through the hardship of childbirth, so she should just raise her child well," and "Systemic improvements are urgently needed."