The Practice of Child’s Right to Know One’s Origins in Family Law-Focus on Legitimation after Child’s/Father’s Death

• Main Authors: HSU, YUN-JEN, 許勻甄
• Other Authors: TAI, YU-ZU
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/4j4975

碩士 === 國立臺北大學 === 法律學系法律專業組 === 105 === 2004, J.Y. Interpretations No.587 invoked the article 7 Ι of the United Nations Convention on the Rights of the Child, to acknowledge that child’s right to know one’s origins shall be protected by the articles 22 of the Constitution. In our country, the child’s right to know one’s origins hasn’t received much attention until J.Y. Interpretations No.587 was rendered, while it has been discussed for a long time in other countries. According to the J.Y. Interpretations No.587, the family law was amended in 2007. The new family law not only gave child the right to bring an action in disavowal of paternity, but also acknowledged that legitimation can be done after father’s Death. However, because of the proviso of the article 1069 of the Civil Law, the child who is legitimized after father’s death may not inherit from his/her father. It is questionable whether this result is intentionally created by the legislator or just an omission. If there is a legislative omission, how should we amend it in the future? That is what this thesis really cares about and wants to deal with. In addition, the right to know one’s origins can also be implemented by giving child the right to request information. However, except for adopted child, in our country, we haven’t acknowledged the right for a child to request father/mother’s information without changing parent-child relationship. The importance of this kind of right is also one of the points this thesis wants to discuss. Therefore, by collecting and analyzing the information of Japan, Germany, Switzerland and European court of human rights, this thesis tries to give some suggestion for legislator to make some amendment to family law, in order to protect child's right to know one’s origins definitely.