KMT Legislator John Chang (章孝嚴) will have to overcome seemingly insurmountable legal hurdles to amend the names of his parents on his identification card.
On Friday, the Ministry of the Interior spelled out the problems he would face in recording former president Chiang Ching-kuo (蔣經國) and his mistress, Chang Ya-juo (章亞若), as his biological parents.
PHOTO: FROM THE BOOK ``CHIANG CHING-KUO AND CHANG YA-JUO' BY CHO
John Chang and his twin brother, Winston Chang (章孝慈), were born in Gueilin, Guangxi Province, in 1941.
Household registrations for illegitimate children in Taiwan usually list only the biological mother, leaving the space for the father blank.
But on John Chang's household registration, Chang's uncle, Chang Hau-juo (章浩若), and his wife, Chi Chen (紀琛), are listed as his parents.
To change this, the ministry said, Chang would have to prove two things: that Chang Hau-juo and Chi Chen are not his biological parents; and that Chiang and Chang Ya-juo were indeed his biological parents.
"To erase the current listed parents' names, Chang has to prove in court that the household registration was forged and that the current listed parents are not his biological parents," said Vice Minister of the Interior Chien Tai-lang (
According to the Household Registration Law (
To prove who his biological parents are, Chang would have to provide a birth certificate or DNA tests, the ministry said.
Both couples are dead, but Chang said that the sons of Chang Hau-juo and Chi Chen in China would be able to prove that he doesn't have any blood relations with them.
He also said he would try to contact the hospital in Gueilin where he was born to get his birth certificate.
Nevertheless, a judge told the Taipei Times that John Chang could get the names changed if he could prove that he had been `adopted' by Chiang, although this would prove nothing about who his real father is.
According to Article 1065 of the Civil Code, a child born out of wedlock who has been acknowledged by the natural father is deemed to be `legitimate.' If the child has been maintained by the natural father, acknowledgement is deemed to have been established.
"By law, if an illegitimate child wants to become a `legitimate' child, he or she must complete the legal process of adoption. The law also requires the natural father of the illegitimate child to accompany the child through the process, including filing an adoption application and attending a civil trial."
According to the judge, the biggest problem for John Chang is that Chang Hau-juo, his registered biological father, is not alive to "accompany" him through the process. He would also have difficulty proving that Chiang had raised him and treated him like a son.
However, if he succeeds, it seems he will be able to keep the family name has been using.
Under the Article 1059 of the Civil Code, children assume the surname of the father, unless he has agreed that the child shall assume the mother's surname, and only then if the mother does not have any brothers.
However, the ministry decided on Friday that the Civil Code does not apply to illegitimate or adopted children.
"This article does not state either way that adopted children have to take the name of the mother or the father," a civil judge at the Taipei District Court (台北地方法院), who wished to remain anonymous, told the Taipei Times. "As a result, Chang will not have a problem with this."
Nevertheless, Chang, as a lawmaker, could face legal problems over changing the names he registered as his parents before the last legislative elections.
A senior official at the Ministry of Justice said that if Chang succeeds in changing the names, he may be violating the Criminal Code (刑法).
"His wish to amend his parents' names on his identification card is also a message that he was lying when he registered for the legislative election," the official said. "To solve this problem, he may need to turn himself in and receive a non-indictment order from the court."
When Chang brought up the issue of "correcting" his parents' names on his identification card on July 5, he said that everybody knew who his real parents were.
"I am just trying to correct a mistake which has existed for nearly 60 years. That's all," he said.
Nevertheless, the recognition could benefit him.
"Once Chang can prove his relationship with Chiang, he will be able to enjoy and share the same benefits and responsibilities as a son of Chiang with his other legitimate children, which is clearly regulated on the Article 1069 of the Civil Code," the judge said.
The article states that the legitimation of a child born out of wedlock is retroactive to the time of birth, but the existing rights of third parties are not affected thereby.
Reacting to the ministry's conclusions, Chang on Friday night issued a press release expressing his appreciation.
"Lawmaker Chang will submit evidence to prove that he doesn't have biological relations with Chang Hau-juo and Chi Chen [but does] with Chang Ya-juo," the release said.
One lawyer said the case showed the flaws in the Civil Code.
"Chang's case, at least, forces the government to clarify the uncertainty of the current regulations," said Liu Meng-Jin (
A year-long renovation of Taipei’s Bangka Park (艋舺公園) began yesterday, as city workers fenced off the site and cleared out belongings left by homeless residents who had been living there. Despite protests from displaced residents, a city official defended the government’s relocation efforts, saying transitional housing has been offered. The renovation of the park in Taipei’s Wanhua District (萬華), near Longshan Temple (龍山寺), began at 9am yesterday, as about 20 homeless people packed their belongings and left after being asked to move by city personnel. Among them was a 90-year-old woman surnamed Wang (王), who last week said that she had no plans
TO BE APPEALED: The environment ministry said coal reduction goals had to be reached within two months, which was against the principle of legitimate expectation The Taipei High Administrative Court on Thursday ruled in favor of the Taichung Environmental Protection Bureau in its administrative litigation against the Ministry of Environment for the rescission of a NT$18 million fine (US$609,570) imposed by the bureau on the Taichung Power Plant in 2019 for alleged excess coal power generation. The bureau in November 2019 revised what it said was a “slip of the pen” in the text of the operating permit granted to the plant — which is run by Taiwan Power Co (Taipower) — in October 2017. The permit originally read: “reduce coal use by 40 percent from Jan.
China might accelerate its strategic actions toward Taiwan, the South China Sea and across the first island chain, after the US officially entered a military conflict with Iran, as Beijing would perceive Washington as incapable of fighting a two-front war, a military expert said yesterday. The US’ ongoing conflict with Iran is not merely an act of retaliation or a “delaying tactic,” but a strategic military campaign aimed at dismantling Tehran’s nuclear capabilities and reshaping the regional order in the Middle East, said National Defense University distinguished adjunct lecturer Holmes Liao (廖宏祥), former McDonnell Douglas Aerospace representative in Taiwan. If
‘SPEY’ REACTION: Beijing said its Eastern Theater Command ‘organized troops to monitor and guard the entire process’ of a Taiwan Strait transit China sent 74 warplanes toward Taiwan between late Thursday and early yesterday, 61 of which crossed the median line in the Taiwan Strait. It was not clear why so many planes were scrambled, said the Ministry of National Defense, which tabulated the flights. The aircraft were sent in two separate tranches, the ministry said. The Ministry of Foreign Affairs on Thursday “confirmed and welcomed” a transit by the British Royal Navy’s HMS Spey, a River-class offshore patrol vessel, through the Taiwan Strait a day earlier. The ship’s transit “once again [reaffirmed the Strait’s] status as international waters,” the foreign ministry said. “Such transits by
RSS