First, the case: the unruly son is not like himself. This is a real case that happened in Chuzhou City, Anhui Province. Yang is an honest man. 1989 After divorcing his ex-wife Tao in September, he has been raising his son Yang X alone. But Yang X has been disobedient since he was a child. Dropped out of school in the fourth grade of primary school, wandered around and made trouble everywhere. Being detained by a police fine doesn't count. There are two round trips when I first entered the prison. Yang didn't worry less about this son, and he didn't take the blame. Relatives and friends often joke with him that his son looks and personality are nothing like him. Hearing this, Yang became suspicious. In order to find out the facts, he persuaded his son to entrust a judicial authentication institution in Anhui Province to conduct DNA paternity. As a result, Yang, who had been psychologically prepared, almost fainted: Yang was excluded as the biological father of Yang X, and his ex-wife Tao was completely unaware of his infidelity. The son who had been raised for 30 years was actually someone else's. Yang's spirit almost collapsed! After learning the truth, Yang sued Tao to the court. 1, and ordered Tao to return Yang 200,000 yuan (1000 yuan per month, calculated by 18 years, about 200,000 yuan); 2. Ordered Tao to pay mental compensation of 6.5438+0.5 million yuan to Yang; 3. Tao was ordered to bear the appraisal fee and transportation fee.
Second, the interpretation of the court decision:
According to the marriage law, husband and wife should be faithful to each other. Tao married Yang for nearly a year and gave birth to his son Yang X, but Yang X was not born to Yang. Tao violated the duty of loyalty in his marriage with Yang, and Yang's right to personal dignity was illegally violated. After Yang X was born, Yang Yi looked at him as his own and raised him wholeheartedly. It took 32 years to discover that my son was not his own. Yang suffered serious mental damage, and because Yang had two daughters, he comforted Yang. Considering that Tao has no stable income, our hospital decided to compensate 30 thousand yuan for mental damage.
According to the Interpretation of the Supreme People's Court on Several Issues Concerning Determining the Liability for Compensation for Spiritual Damage in Civil Tort, if a natural person's personal dignity and rights are illegally infringed, the people's court shall accept it according to law. If the infringement causes mental damage to people and causes serious consequences, the people's court may, at the request of the victim, order him to compensate for the corresponding mental damage.
2. After Yang X was born, Yang and Tao raised him together for more than 4 years. After the divorce, Yang X was raised to adulthood by Yang alone. Because Yang X was not born by Yang, Yang has no obligation to raise Yang X, and all the expenses paid by Yang X's mother Tao should be borne. When Yang and Tao divorced, the same property belonged to Yang, and Yang asked Tao to return the alimony during the marriage relationship, which was not supported by our hospital. Yang's alimony for raising Yang X after divorce shall be returned. X 18 * * * is 13 years from the date of divorce between Yang and Tao. Referring to the local consumption expenditure, living standard and the actual needs of Yang X, it was decided that Tao would return Yang 93,600 yuan.
3. Yang asked Tao to bear the appraisal fee 1800 yuan and transportation fee 196 yuan, totaling 1996 yuan, which was supported by our hospital.
Third, what should I do if I find that the child is not my own?
What should I do if I find that the child is not my own? Different people have different choices on this issue. Some fathers bear the burden of humiliation, conceal the truth and continue to live with their wives and children, and some break up and break up. These are the choices of the parties themselves. Special reminder, some children are also very likely to be hugged by mistake.
1, how to do paternity test?
Paternity test is to determine the genetic relationship between parents and children through blood type and DNA testing. The process of entrusting paternity testing by individuals is relatively simple, and samples can be collected at the identification center. The paternity test entrusted by the judicial organ shall be issued by the judicial department or law firm, and individuals shall go through the paternity test procedures with relevant identity documents at the appraisal center. The appraisal report will contain the identity information, photos, signatures and copies of relevant documents of the judicial appraiser, which can be used as litigation evidence.
2. What if the other party is unwilling to do paternity test?
Article 2 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China stipulates that if a husband and wife request the people's court to confirm that there is no paternity and provide necessary evidence to prove it, if one party refuses to do paternity test without evidence to the contrary, the people's court may presume that the claim of the party requesting confirmation that there is no paternity is established.
Conclusion:
Whether it is to hide things and continue to live, or to argue against each other, this is the right of "green" people. Do you have anything similar around you? Please leave a message in the comments section!