A woman confessed to her husband that she had given birth as a teenager after being raped and had placed the child for adoption — a revelation that left the man shaken and seeking legal advice on whether the marriage could be annulled.
The case was shared Friday on YTN Radio's legal advice program "Jo In-seop's Counseling Center," involving a man identified only as A, who learned of his wife's past during their newlywed period.
A said he first met his wife through a volunteer group. He was immediately drawn to her but found it difficult to win her over, and it took more than a year before the two became a couple.
Ultimately, A persuaded her to marry him despite her having previously been opposed to marriage.
During what had been a happy newlywed life, A learned that his wife had been raped as a teenager, given birth and placed the child for adoption. The wife said she had not been in a position to raise the child at the time and had since had no contact with the child.
A said he felt sympathy for his wife, who had endured such pain at a young age, and tried to understand why she had not been able to speak about it sooner — yet he also felt confused and hurt.
While A said he loved his wife and understood that what happened was not her fault, he could not say with certainty that he would have married her without hesitation had he known before the wedding.
"I feel guilty even having these feelings, but honestly I don't know how to act around my wife," A said, asking whether a marriage can be annulled when a spouse has concealed a prior birth.
Attorney Park I-chan of Shinsegae Law said the central question is whether the wife's failure to disclose the birth could be considered legal fraud. "For an annulment to be recognized, it is not enough that someone simply concealed a fact — the act must rise to the level of deception that influenced the other party's decision to marry," Park said.
Park added that the circumstances surrounding the birth and what followed must also be considered. "The wife gave birth as a result of sexual violence she suffered as a minor and placed the child for adoption, with no subsequent contact or involvement in raising the child. These circumstances are an important factor in understanding why it would have been difficult for her to disclose the birth," Park said.
Weighing all the factors, Park said it would be difficult to characterize the wife's silence as an act of deception. "In conclusion, an annulment would likely not be recognized," Park said.
However, Park added that while annulment would be difficult to obtain, divorce remains an option.
yeonjoo7@heraldcorp.com