ยท Who should pay for the confusion of the parent-child relationship?
When it is discovered that the child is not biological: an ordinary family entanglement in court.
When the child is not biological, how can an honest person defend his rights?
Basic case details] In December 2019, Yu and his wife Sun gave birth to a son. As the child grew up, Yu suddenly found that he didn't look like himself and his family. Based on his permanent residence abroad, the couple rarely reunites, and heard some gossip, Yu had suspicions in his heart and secretly did a paternity test, which showed that the two were indeed not related by blood.
Yu couldn't accept this result, quarreled with Sun, and finally sued Sun to the court, asking the court to grant them a divorce, and let the defendant refund the cost of raising the child, and compensate him for mental damages.
Court trial] Sun denied the paternity test report submitted by Yu during the trial. Yu X requested the court to re-appraise. After both parties agree, the court entrusts the appraisal. On the day of the appraisal, Sun refused to appraise the tape. After the court conducted persuasion and education, the appraisal proceeded smoothly.
The identification results showed that Yu was not less than his biological father. The court finally ruled that the divorce was given, and Sun compensated 20,000 yuan for mental damages and 4,000 yuan for appraisal fees, totaling 24,000 yuan, and returned 12,000 yuan in child support paid to Yu.
Lawyer's interpretation] 1The law of parent-child denial.
Paternity is usually presumed to be the father of a child conceived during the marriage, but in practice, due to marital infidelity and other reasons, paternity may not be true. Article 1073 of the Civil Code establishes a system for denying paternity, allowing a parent to apply to the court for confirmation or denial of paternity when there is a legitimate reason.
Denial of paternity is essentially a denial of the father-son or father-daughter relationship, and denying that the child is a biological child, regardless of the outcome, may lead to family breakdown and harm the marriage and children. Therefore, China's Civil Code stipulates that the prerequisite for holding a lawsuit for denial of parent-child relationship in a notarized society is that there must be a valid reason.
Based on China's judicial practice experience, there are three main justifications for holding a lawsuit for denial of notarized paternity:
1. No fact of cohabitation;
2. The husband is infertile;
3. After paternity testing, there is no biological father-son and father-daughter relationship.
In this case, if Sun refuses to take a paternity test, the court should be convinced that the paternity does not exist, given that Yu has provided the necessary evidence. This is also the reason why Sun initially refused the paternity test and accepted it after interpretation and analysis.
2.Divorce damages system.
The Civil Code stipulates that parents have an obligation to support their children, and children have an obligation to support their parents.
There are three types of parents and children: first, biological parents and children; followed by adoptive parents and adoptive children; Finally, there are stepparents and stepchildren.
The obligation of support and support between biological parents and children comes from natural blood relatives; The obligation of support and support between adoptive parents and adoptive children stems from the establishment of an adoptive relationship; The obligation of support and support between stepparents and stepchildren depends on whether the two parties have formed a relationship of support and education.
In this case, Yu X and Xiao did not have a natural blood relationship and a fictitious blood relationship, so Yu X had no obligation to support Xiao X. The confusion in the relationship between parents and children mainly stems from the defendant Sun, and in this regard, Yu X may, in accordance with Article 1091 of the Civil Code and other provisions, require the at-fault party to return the child support and moral damages already paid.
In the chapter of marriage and family, trust and honesty are the strongest bonds that hold the relationship together. When this bond is questioned, it not only affects the relationship between husband and wife, but also a profound challenge to family harmony and the growth of children. Let's take this case as a lesson and cherish every responsibility and commitment of the family, and work together to create an environment full of love and understanding.