Cuckolded! There is a couple in China who got married and had a son. The two separated because of personality differences. The child was brought up by the father, but gradually found that the son looked less and less like him, so they did a DNA test, and the results showed that the two were indeed unrelated. The blood relationship collapsed to the court.
The court of Wuming District, Nanning, Guangxi heard that the couple was in free love. The woman became pregnant in June 2011. The two parties registered their marriage and gave birth to a son the following year. However, since 2018, the couple often quarreled and broke up their relationship. They decided to divorce by agreement , agreeing to give custody to the man, while the woman can exercise visitation rights on weekends. However, as his son grew up, the man found that his appearance and personality changed a lot, and he looked less and less like him. When his relatives suggested that he take a paternity test, he did not expect that the DNA analysis showed that there was no relationship between the man and his son. Biological parent-child kinship.
The man believes that the son is not his own. As the biological mother, the ex-wife has the legal obligation to bring up the child. She should take the child back for custody, return the living expenses paid for the upbringing, and compensate for the mental loss. Therefore, he sued the court. The woman agreed to take the child back, but the man asked for the cost of the return. She claimed that the expenses of the two following marriage were basically covered by her. In addition, the land transfer and paving income of the collective economy following the child was born were enough to pay. child’s living expenses.
The court pointed out that the basis for the man to ask his ex-wife to raise his son was that the two did not have a parent-child relationship. There was a paternity test report as evidence. The woman agreed to raise the son, but did not recognize the expert opinion. Applying for a paternity test should bear the adverse consequences of not being able to provide evidence, so the expert opinion provided by the man is accepted to confirm that there is no father-son relationship between the two parties.
The court mentioned that the man mistakenly believed that the son was his own without knowing it, and fulfilled the legal obligation of raising him, which should not be allowed to travel by law, while the woman, as the biological mother, should bear the legal obligation of raising him, even if the child himself enjoys Distribution of income, nor can it be exempted from its maintenance obligations. There is a causal relationship between the man’s property loss and the woman’s profit-making behavior, which supports the man’s claim that the woman should return the expenses for child support.
Because the woman concealed the fact that she had been in contact with others during her relationship, the man mistakenly thought that the child was his own, and raised the consequences. After 10 years of nurturing and care, the right of personality was seriously violated following learning the truth. The court also supported the man’s claim for mental damage compensation. In the final judgment, the son was brought up by his ex-wife, and he was required to return 117,600 yuan (approximately NT$514,000) in alimony and 20,000 yuan (approximately NT$88,000) in compensation for mental damage.
