It is an important part of family relations
It is also the basis of the foundation in social relations
Growth, family harmony, social stability
Possess an important role
However, a "mother" sued to the court
Require "deny parent -child relationship"
Beijing Shunyi Court tried this case
Gao and Guo are the relationship between husband and wife, and the two have one daughter.The couple wanted to regenerate a child, but it was never fruitful for physical and age.
In 2018, her husband Guo gave birth to his son Xiao Guo without his wife’s knowledge of his wife, and wrote that his mother was Gao Mou on the birth certificate of Xiao Guo.
Gao, who was "being a mother", said that he did not know about surrogacy and had never seen a child. It was not until 2019 that he knew the existence of the child Xiao Guo.
In order to clarify problems such as support, support, inheritance, and inheritance, and avoiding disputes in the future, his wife Gao Mou thought about suing, but there was no appropriate case at that time until the "Civil Code" was officially implemented, and the parent -child relationship was added.Gao Mou sued Xiao Guo to the court, requesting that there was no parent -child relationship between Gao Mou and Xiao Guo, and canceled his monitoring of Xiao Guo and his inheritance of his property.
Article 1,73 of the Civil Code stipulates that if there is any objection to parent -child relationships and legitimate reasons, the father or mother may foster a lawsuit to the people’s court to request confirmation or deny parent -child relationship.
During the existence of the marriage relationship, both the couple agreed to perform artificial insemination. The children born should be regarded as a child of marriage and children.
In this case, the plaintiff Gao Mou submitted evidence of the hospital diagnosis certificate and hospitalization permit in March 2018. The material shows that Gao was diagnosed with 6 weeks of pregnancy to stop, and Xiao Guo’s birth time was July 2018. HoweverIt is proved that Gao Mou and Xiao Guo cannot exist on the parent -child relationship of blood.
Both Gao and Guo recognize that Xiao Guo is not the son of artificial insemination for both sides. Therefore, Xiao Guo cannot be regarded as a child between Gao and Guo.Rights and obligations.Guo Mou agreed with Gao Mou’s claim.
In the end, the Shunyi Court supported Gao’s claim to confirm that there was no parent -child relationship with Xiao Guo.
The parent -child relationship between parents and children involves problems such as raising, support, and inheritance.If there is any objection to parent -child relationships and legitimate reasons, adult children can file a lawsuit with the people’s court to request confirmation of parent -child relationships.
In this case, although the birth medical certificate and the hukou book all showed the mother of Gao Mou, the mother of Guo, according to the relevant certificates submitted by Gao, you can directly determine that Gao and Guo did not have the parent -child relationship of blood.
It should be reminded that in such cases, the father or mother may know that the children do not have a blood relationship with them, but if the court is confirmed or denied parent -child relationship, disputes may be arisen around the problems such as raising, support, and inheritance.
Transfer from: Guangzhou Daily, Shunyi Court, Xiaoxiang Morning News
Source: Hainan Special Economic Zone News