DPP Legislator Yu Jan-daw (
"The Civil Code only protects the relationship between a married couple and their children," Yu told a press conference at the Legislative Yuan.
PHOTO: CHIANG YING-YING, TAIPEI TIMES
"But we have more and more children born out of wedlock today. We should ensure that their rights are protected as well," Lu said.
He added that he has collected enough endorsements from his colleagues for his proposal to be approved and he will submit it to the legislature within two weeks.
Yu wants to amend Articles 1063, 1067 and 1090 of the Civil Code and delete Article 1068.
To back his claims that the code needs to be revised Yu cited the case of a 16-year-old Taoyuan girl who had sexual relations with three men in March of last year. She became pregnant and filed a civil claim under Article 1067 in the hopes of identifying the father of the child through a DNA test.
One of the men refused to take a DNA test, citing Article 1068, and his refusal was upheld by a judge.
"The presumed father took advantage of the article to defend himself and the judge allowed him to do so, denying the possibility of proving the matter with a scientific test," he said.
"There was nothing wrong with the girl trying to identify the father of her child," Yu said. "However, our law could not help her accomplish her wish. This is regrettable."
Article 1068 states that conditions laid down in Article 1067, under which a child born out of wedlock may name his or her presumed father as its natural father, do not apply "where within the period of conception the mother had sexual intercourse with a third person or was leading a licentious life."
Yu also wants to amend Article 1063, which states that either party to a marriage may bring an action for disavowal of a child if he or she can prove that the wife "did not conceive from the father."
He wants to grant the child the same right of disavowal and to remove the requirement that it "be effected within one year after the discovery of the child's birth."
Article 1067 states that "a child born out of wedlock or the mother or other statutory agent may only claim acknowledgement from his natural father" when the presumed father and mother cohabited during the period of conception; where paternity can be proved by medical or legal documentation belonging to the presumed father; or where the child was conceived as a result of rape by the presumed father.
Yu wants to amend the article to remove the word "only" from the first sentence.
"By removing the word `only' we will create more possibilities for the child to find his or her father," he said.
Article 1090 says "Where the parents have abused their rights over their children, their nearest ascendants or the family council may correct them." It adds that they may apply to the court for an order to suspend the parents' rights if the correction fails.
A family council is a gathering of senior members of a family. "Correction" could mean either disciplining or exercising authority over a person or persons.
Yu's proposal would entitle a wider range of parties than just immediate family members and other relatives -- including the child, social workers and next-door neighbors -- to undertake both tasks.
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