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The law "children born during marriage, legally paternity even if the genes differ"

2019-10-23T07:15:51.954Z

A genetic test found the Supreme Court ruling that even if the genes of children and fathers born during marriage were found to be different, legally, paternity is recognized. The decision was made to preserve the 36-year-old case that the law does not apply only to children born to couples who have not lived together.



A genetic test found the Supreme Court ruling that even if the genes of children and fathers born during marriage were found to be different, legally, paternity is recognized.

The decision was made to preserve the 36-year-old case that the law does not apply only to children born to couples who have not lived together.

As a result, fathers will no longer be able to deny paternity if they do not file a 'children's cow' (a lawsuit that reverses parental estimates) within two years of knowing that the gene has been identified. I can't.

Article 844 of the Civil Code, which sets forth the principle of paternity estimation, allows the child of a married wife to be presumed to be the husband's paternity and allows a lawsuit to be reversed only within two years of knowing that it is not a child.

On Wednesday, the Supreme Court alliance judged A was "a parent-child, even if the genetic test revealed no kinship."
"The determination of the extent of the paternity presumption principle on the basis of kinship relations is contrary to the civil code," he said. Is estimated. "

"The principle of estimating paternity is that the wife only presumes the child who is pregnant during marriage as the husband's child," he said. "It is not applied based on the existence of kinship."

The Supreme Court alleged that the decision was based on the need to protect and maintain the family system.

The court said, “Family relations that are not related to blood are also family relations which the Constitution and civil law seek to protect.” “If these family relations have been socially mature and strengthened for a long time, it is necessary to protect their trust in them. "He said.

This decision of the Supreme Court is considered to have maintained the existing case of admitting only children born when the couple did not live together as an exception to the principle of paternity.

In the 1983 ruling, the Supreme Court all agreed narrowly to the exception, saying that `` a parent's presumption can only be broken if there is an apparent appearance, such as the fact that the couple did not live together. ''
The Supreme Court's consensus did not say whether it retained the existing case, but it is reasonable to interpret it as 'maintaining the case' as the legal profession did not make a concrete decision to change the existing case.

The Supreme Court all agreed that the principle of estimating paternity also applies when it is recognized that pregnancy and childbirth are made by another person's sperm, such as artificial insemination.

A couple could not have a baby due to A's sperm, and in 1993 they gave birth to their first child by artificial insemination, using another sperm, and reported birth to their own children.

After the birth of her second child in 1997, Mr. A was mistaken for having healed of atypical heart.

In 2014, when he was divorced with his wife due to family disputes, he later found out that his second child was born out of marriage, and A filed a lawsuit against her two children.

A genetic test conducted by the court found that both children were not genetically related to Mr. A.

According to the previous case, both children "would not admit that there is an" externally apparent situation ", which is the reason for the estimation of the parental presumption."

On the other hand, the 2nd Sim judged, "Even if the gene is found to be different as in the case of the second child, it is an exception for the estimation of family life."

As a result, we decided that we could file a lawsuit to confirm the existence of a parent-child relationship.

The Supreme Court consensus concluded that the two courts were not exceptions. I did.

Source: sbskr

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