Goto Main Content
:::

Chapter Law Content

Title: Family Act CH
Category: Judicial Yuan(司法院)
PART III LITIGATION PROCEDURES FOR FAMILY MATTERS
CHAPTER III PROCEDURES FOR PARENT-CHILD RELATION MATTERS
Article 61
With regard to matters concerning parent-child relation, the jurisdiction to hear the proceedings exclusively belongs to courts listed in the following:
1. the court for the place of the domicile of the child or the adopted child;
2. the court for the place of the father, the mother, the adoptive father or the adoptive mother.
Where a minor child or an adopted child is listed among the defendants in the matter provided in the preceding paragraph, the court for the domicile of such a child shall have the exclusive jurisdiction to hear the proceedings.
Article 62
Where an adopted child who is a party in an action between himself or herself and the adoptive parents lacks the capacity to represent oneself in the proceeding and the adoptive parents are his or her statutory agents, the natural parents of the child shall act on his or her behalf in the proceeding; the court may also designate a guardian ad litem to act in the proceeding in accordance with Article 15.
Where the natural parents are unavailable or there are other reasons indicating that the natural parents are not suitable to act as guardians, the court shall designate a guardian ad litem to act in the proceeding in accordance with Article 15.
Article 63
An action on the disavowal of paternity shall be initiated against the husband or the wife who is not the party who initiated the action, together with the child.
An action on the disavowal of the presumed biological father shall be initiated by the child against the presumed biological father.
Where, in the circumstances provided in the preceding two paragraphs, one of the parties against whom the action should be initiated has died, the action shall be initiated against the other surviving parties; where all the parties against whom the action should be initiated have died, the action shall be initiated listing the prosecutor as the defendant.
Article 64
Where, with regard to an action on the disavowal of paternity, either the husband or the wife, or the child has died during or prior to the commencement of the statutory period within which to initiate the action, such an action may be initiated by a party whose right to inheritance might be infringed.
The action as provided for in the preceding paragraph shall be initiated within six months of the time of death of the deceased.
Where either the husband or the wife, or the child has died after initiating the action on the disavowal of paternity, a party whose right to inheritance might be infringed may, within ten days from the death of the plaintiff is known to him or her, move for the assumption of the action. Such an assumption of the action may not be made after thirty day from the decease of the plaintiff.
Article 65
An action on the determination of the biological father of a child born after the mother marries again may be initiated by the child in question, the mother, the spouse of the mother or the spouse of the mother in her previous marriage.
Where the action provided in the preceding paragraph is initiated by the spouse of the mother, it shall be initiated against the spouse of the mother in her previous marriage; where such an action is initiated by the spouse of the mother in her previous marriage, it shall be initiated against the spouse of the mother; where such an action is initiated by the child or the mother, it shall be initiated jointly against the present spouse and the spouse of the mother in her previous marriage; where either the present spouse or the spouse of the mother in her previous marriage has died, such an action shall be initiated against the surviving spouse.
Where, in the circumstances provided in the preceding paragraph, all of the parties against whom the action should be initiated have died, the action shall be initiated listing the prosecutor as the defendant.
Article 66
Where circumstances as provided in Article 1067 of the Civil Code exist with regard to a claim of acknowledgement of a child by the natural father, the action may be initiated listing the competent social welfare authorities or the prosecutor as the defendant.
Where an action of acknowledgement of a child is initiated by the child concerned, the mother, or otherwise by the statutory agent and the said party has died prior to the time at which the judgment becomes final and binding, the interested parties who were entitled to initiate the identical action may, within ten days of being aware of the decease of the plaintiff, move for the assumption of the action. Such an assumption of the action may not be made after thirty day from the decease of the plaintiff.
Where, with regard to an action provided in the preceding paragraph, the alleged natural father has died prior to the time at which the judgment becomes final and binding, the action shall continue with the assumption of the action by his successor. Where there is no such a successor or all such successors have died prior to the time at which the judgment becomes final and binding, the action shall continue with the assumption of the action by a prosecutor.
Article 67
Where a dispute exists with regard to the existence or non-existence in law of a parent-child relation or an adoptive relation and there is an immediate legal interest in acquiring a determination judgment, an action on the determination of the existence or non-existence of a parent-child relation or an adoptive relation may be initiated.
Where, with regard to an action on the determination of the non-existence of a parent-child relation, the court has obtained conviction on the facts of being the natural father on the part of the plaintiff or the defendant, which will lead to a judgment dismissing the plaintiff’s suit, the court shall clarify the facts so that the parties may motion to change the claim into one on the determination of the existence of a parent-child relation.
Prior to entering a judgment on a motion in accordance with the preceding paragraph, the court shall give the parties and the interested parties an opportunity to make a pleading through an oral argument or a statement with regard to facts relevant to the existence of a parent-child relation.
Where an action of Paragraph 1 of this Article was initiated by more than two persons or against more than two persons in accordance with Article 39 of this Act, the court shall handle these matters jointly and enter a joint decision.
Article 68
Where a minor child disputes the existence or non-existence of a blood relationship with regard to a matter concerning a parent-child relation, where considers it necessary, the court may, upon motion by the parties or on its own initiative, order the parties or the interested parties to undergo blood-type, DNA, or other medical tests within a designated period of time. Where such a motion was made by a party, the party shall make a preliminary showing on facts that are sufficient to cast doubts on the existence or non-existence of a blood relationship.
The test ordered in accordance with the preceding paragraph shall be conducted in a manner consistent with widely recognized procedures and methods in medical sciences, taking adequate care to the integrity of physical conditions, health and reputation of the persons subject to such a test.
Prior to making a ruling in accordance with Paragraph 1 of this Article, the court shall grant the parties or the interested parties an opportunity to speak.
Article 69
Provisions in Paragraphs 2 to 4 of Article 52 and Articles 53, 56, 57 and 60 of this Act shall mutates mutandis apply to matters provided in this Chapter.
Provisions in Article 54 and Article 55 of this Act shall mutates mutandis apply to actions provided in Article 62.
Provisions in Article 59 shall mutates mutandis apply to actions with regard to annulment of adoption of a child, termination of an adoptive relation, or annulment of the termination of an adoptive relation.