[Korean Law Insights] Renunciation of Korean Nationality for U.S.-Born Children

[Published on May 13, 2026 edition of the "Korean Law Insights" column in the Korea Daily’s Economic Expert Section]

• Considerations: date of birth, parents’ nationality at birth, and gender

• Exceptions are very limited...advance verification is essential

It is easy to assume that a child born in the United States is only a U.S. citizen. However, under Korean law, the child may simultaneously be a national of the Republic of Korea.

If at least one parent was a Korean national at the time of the child’s birth, the child may acquire Korean nationality at birth. This conclusion does not change even if the birth was never registered in Korea or if the child has never obtained a Korean passport.

The first and most critical factor to review is the child’s date of birth. In the past, Korea primarily applied a patrilineal principle, under which nationality was determined based on whether the father was a Korean national.

Following the amendment to the Nationality Act, effective June 14, 1998, Korea adopted a bilateral (parental) lineage system. As a result, a child may acquire Korean nationality if either the father or the mother is a Korean national at the time of birth.

Gender is also an important consideration. For females, there is no military service obligation; however, if they wish to retain Korean nationality, they must not miss the nationality selection period.

As a general rule, a person with dual nationality by birth must choose one nationality before reaching the age of 22. If certain requirements are met, it is possible to elect Korean nationality without renouncing U.S. citizenship by submitting a Pledge Not to Exercise Foreign Nationality, thereby maintaining dual nationality.

However, once the selection period has passed, it becomes significantly more difficult to maintain dual nationality under the same framework, and choosing Korean nationality may require the renunciation of the foreign nationality.

For males, the issue requires greater caution due to the connection with military service obligations. A male with dual nationality by birth who wishes to renounce Korean nationality prior to fulfilling military service must, in principle, file a nationality renunciation report by March 31 of the year in which he turns 18.

For example, a male born in 2008 must file by March 31, 2026, and a male born in 2009 must file by March 31, 2027. If this deadline is missed, renunciation is generally only permitted after the individual has resolved his military service obligations.

However, missing the deadline does not always mean that there are absolutely no remaining options. In cases where an individual was born abroad or moved overseas at a young age and has continuously maintained their primary life base outside Korea, and where there are circumstances making it difficult under general social standards to hold the person responsible for failing to file within the required period, it may be possible to apply for an exceptional permission for renunciation of Korean nationality.

There have been actual cases in which such permission was granted, but this is not a procedure that is easily approved simply because the person was unaware of the deadline. Ultimately, the exception system is exactly that: an exception. The general rule still requires individuals to confirm their status and file before March 31 of the year in which they turn 18.

In the end, the issue of dual citizenship by birth is not determined solely by whether one’s parents are Korean nationals.

Different timelines and rules may apply depending on the child’s date of birth, the parents’ nationality at the time of birth, the child’s gender, and whether the child intends to retain or renounce Korean nationality.

In Korean American families in particular, many parents assume there is no issue simply because the child was never registered in Korea. However, nationality matters are determined not by whether a registration was made on paper, but by the legal relationship that existed at the time of birth.

Every year, Korean overseas missions provide guidance regarding the nationality renunciation filing deadline for dual nationals by birth. Families with children born in 2009 should now be mindful of the March 31, 2027 deadline.

Nationality issues often remain unnoticed in everyday life, but missing the proper timing can later affect a child’s future opportunities and choices. Checking in advance may be one of the most practical forms of protection parents can provide for their children.

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Jin Hee Lee/K-Law Consulting Korean Attorney

[Reference link in original Korean]

https://www.koreadaily.com/article/20260513000348595