As lawmakers pushed to increase protections for foreign children in South Korea, several social media posts falsely claimed those efforts would directly grant residency status to refugees and undocumented migrants who give birth in the country. Legal experts and the justice ministry refuted those claims, saying that cited legislative proposals do not directly guarantee residency status, confer nationality or impact existing pathways to citizenship.
“If foreigners give birth in South Korea or bring a child with them, bills set to pass would guarantee them residency status while also granting their children the right to become legal immigrants once they become adults,” reads part of a lengthy Korean-language X post shared on September 10, 2026.
The post cites two bills proposed by lawmakers that seek to increase protections for undocumented migrant children and codify measures granting residency status to those who reside in the country long-term.
Screenshot of the false post captured on September 21, 2026, with a red X added by AFP
Similar claims spread elsewhere on social media — with some posts warning of an ” influx of refugees” — as the number of foreign residents in South Korea reached an all-time high in 2025 ( archived link).
Foreigners have helped offset the country’s plunging birth rate and ageing workforce, prompting calls for more inclusive systems as several related bills remain pending (archived here and here).
A recent constitutional court ruling in late August has also increased momentum to create an expanded birth registration system to include foreign and undocumented children born in the country (archived here and here).
At the same time, the proposed reforms have faced a xenophobic backlash that has increasingly gripped the country after former President Yoon Suk Yeol’s failed attempt to declare martial law in December 2024 (archived here and here).
But none of the bills at the legislature would directly grant citizenship or residency.
South Korea grants nationality if at least one parent is a Korean national. While citizens record their births in a national registry, no equivalent system exists for foreign residents ( archived link).
Proposed legislation
A review of the legislative proposals cited in the false posts shows neither propose granting citizenship to foreigners who give birth or their children ( archived link).
The first, which would partially amend an existing statute, seeks to bolster protections for undocumented migrant children by allowing state and local governments to help them acquire residency status under existing laws ( archived link).
The second, a partial amendment to the Immigration Control Act, seeks to codify an existing internal policy that grants qualified undocumented children and their parents temporary residency, while addressing financial burdens that could deter applications ( archived link).
Juyoung Jang, a senior policy researcher at the Migration Research and Training Centre, told AFP on September 16 that the bills do not “contain any provisions stating that nationality should be granted” ( archived link).
“Rather than granting residency status broadly whenever an undocumented migrant gives birth to or brings in a child, the bills would allow residency status to be granted selectively,” based on whether the child has developed a cultural identity tied to Korean society, she added.
Institutional blind spot
The false claims spread days after the constitutional court ruled on August 27 that the lack of legal provisions to register foreign births was “unconstitutional”.
While South Korea records the births of its citizens in a national registry, there is no equivalent system for foreign residents.
Between 2015 and 2022, foreign children accounted for roughly 65 percent of unregistered children in South Korea, according to the board of audit and inspection( archived link).
The court noted that the “institutional blind spot” has persisted despite the country ratifying a United Nations treaty in 1991 to uphold the rights of every child, warning that exclusion would render children “more susceptible to abuse, abandonment” and other crimes (archived here and here).
“These are fundamental rights that belong to all children, irrespective of their parents,” said Professor Yooncheol Choi from Konkuk University’s school of law and president of the Korea Migrant Law Association (archived here and here).
The justice ministry told AFP on September 16 that “birth registration does not directly grant nationality or residency status”, adding that it is “actively supporting legislative efforts”.
Existing pathways
The only residency status linked to childbirth is the F-6 marriage visa, granted to spouses of South Korean nationals ( archived link).
Since 2021, some undocumented foreign children who have lived in the country for a certain period have been allowed to remain in school under a temporary government scheme ( archived link). Parents of eligible children can also obtain temporary residency upon reporting their status and paying a fine.
“There is no pathway that grants refugees or undocumented people residency or an extension of their stay simply because they gave birth,” Jang said.
South Korean law classifies refugees into three categories: legally recognised refugees, humanitarian sojourners and refugee applicants, including those awaiting review or appeal (archived here, here and here).
Each group is already granted its own residency status and protection from forced repatriation, and therefore giving birth is not an eligibility requirement, the experts said.
AFP has previously debunked other false claims related to migration.