Credit: Ace Factory
Lee Si Young ’s second pregnancy is drawing attention, with the spotlight on the legal implications of using a frozen embryo created with her ex-husband before their divorce.
Legal experts say that in Korea, there’s currently no law preventing someone from using a previously fertilized embryo post-divorce. Divorce attorney Nam Sung Tae explained on Channel A’s Detectives: The Trade Secret, “While both parties must consent to egg and sperm retrieval, once the embryo is created, there’s no legal requirement for mutual consent before implantation.” He added that while hospitals may have internal policies, “there’s no legal penalty for proceeding without the ex-spouse’s permission.”
Lee Si Young Announces Pregnancy After Divorce, Ex-Husband Responds
However, once a child is born, the legal implications around parental status and family structure become much more complex. Former Seoul Family Court judge Lee Hyun Gon stated on Facebook, “Because the child wouldn’t be born within a legal marriage, paternity would need to be acknowledged—either voluntarily or through a paternity suit. Once recognized, all legal responsibilities like custody, visitation, inheritance, and child support apply.”
Busan-based divorce attorney Lee Yoo Jin further clarified that under Korean law, a child born within 300 days of divorce is presumed to be the ex-husband’s—regardless of consent or how the child was conceived. “Many assume lack of consent means no legal paternity, but unless the ex-husband files a denial-of-paternity lawsuit within two years of the divorce, the child is considered legally his,” she explained.
She also noted that legal disputes often begin after birth, once the child is registered. “That’s when issues like child support, custody, and inheritance become real,” she said. “Lee Si Young’s case highlights the legal gray areas where modern fertility technology and family law collide.”
Meanwhile, Lee is currently appearing in ENA’s Salon de Holmes , which wrapped filming in advance. She is now focusing on prenatal care as she prepares for the birth.
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