Since ancient times, marriage and parenting have been regarded as the two cornerstones of family happiness.
However, the reality is often somewhat unexpected, and when it is learned in a marriage that the child is not biological, this heartbreaking discovery can undoubtedly bring great shock and pain to the entire family.
Is it possible to apply for compensation in this case?
If the child is not biological, compensation can be claimed.
The specific amount of compensation can be determined according to the negotiation between the two parties or the judgment of the court, and the law does not uniformly stipulate the amount of compensation.
During the marriage, if one party violates the duty of mutual fidelity between husband and wife by concealing the fact of non-parent-child relationship, and the other party discovers that the child is not biological, the innocent party who unknowingly raised the non-parent-child relationship may sue for confirmation of the non-paternity relationship and claim compensation for moral damages.
In a marital relationship, husband and wife should be faithful to each other, which is the basic requirement of the marital relationship.
If one party violates this obligation by concealing the truth that the child is not biological, then the other party is entitled to compensation.
This compensation usually includes a solatium for moral damages to compensate for the moral loss of the innocent party who unknowingly raised a non-parent.
Relevant Laws.
Article 39 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China.
Where the father or mother files a lawsuit with the people's court requesting denial of paternity, and has already provided necessary evidence to prove it, but the other party refuses to conduct a paternity test without evidence to the contrary, the people's court may find that the claim of the party denying paternity is sustained.
Where a parent or an adult child files a lawsuit requesting confirmation of paternity and provides necessary evidence to prove it, but the other party refuses to have a paternity test without evidence to the contrary, the people's court may find that the claim of the party confirming paternity is sustained.