2006dden 37161 Confirmation of Denial or the existence of paternity

Yellow 00

Yellow 00

September 6, 2006

September 27, 2006

1. Ascertainment that there is no parental relation between the Defendant, the △△△△△△, and the Non-Party 00.

2. The costs of lawsuit shall be borne by each person;

The order is as set forth in the text.

1. Basic facts

The following facts may be recognized by adding up the whole purport of the pleading to each statement of Gap evidence 1 to 4 (including those with a number).

A. The Defendant was born between the Non-party 1 and the non-party 1 on his name and the non-party 1 on his name. The death of the above 00 days prior to the report of the birth of the Defendant, and the Non-party 1, who was the 00-type death of the Defendant, was born between the Defendant and his wife, and the Non-party 1, who was his wife.

B. Thereafter, the Yellow △△△△△, and this0 died, and the Plaintiff is a person who was born between the Yellow △△△△ and the △△△△△00.

2. Determination

(a) Denial of paternity;

According to the above facts of recognition, there is no parental relation between the defendant, the △△△△△△, and 00.

B. Summary of the defendant's motion for adoption (1)

The defendant asserts that the deceased △△△△ and this 00 reported the birth of the defendant with the intention to take the defendant as the adopted child. Thus, the above birth report is effective in adoption and the plaintiff's claim is groundless.

(2) Determination

A report of birth of a natural parent as the intent of the parties to establish a adoptive parent-child relationship, and if the actual requirements of adoption are met, the adoption becomes effective even if the adoption were committed in the form thereof, and, except that the adoptive parent-child relationship can be resolved by the dissolution of the adoptive relation, it has the same contents as that of the adoptive parent-child relationship. In this case, a false report of birth of a natural parent-child shall function as a public notice of the adoptive parent-child relationship, which is a legal parent-child relationship. However, in this case, an agreement of adoption shall be reached to determine that the actual requirements of adoption are met, a person under 15 years of age shall be born by his/her legal representative, and the adoption shall not continue or be extended by his/her adoptive parent-child relationship, and shall not be subject to any ground for invalidation of the adoption as provided for in each subparagraph of Article 83 of the Civil Act, such as care, custody, rearing, etc. (see Supreme Court Decision 1

11. See, e.g., Supreme Court Decision 2004Meu1484 Decided 204.

With respect to the instant case, there is no assertion or proof as to whether the adoptive parent relationship, including custody and custody, continues to exist between the public health team, Yellow △△△△△, and the Defendant, and there is no assertion or proof as to whether the adoption has been effective by the birth report as to the instant case (the Defendant did not voluntarily live together with the △△△△△△ and the △△△△00, which is a early assistance team, and the Defendant did not live together with the △△△△△ and the △△△△, which is a early assistance group, at the time of the first year of middle school, and claims that the Defendant was supported by the 00, who was responsible for the her household and the her living together with the her family)

3. Conclusion

Therefore, the plaintiff's claim of this case is justified and it is so decided as per Disposition with the assent of all participating Justices.

Judges full-time lodging