Family Act Article 65
This English translation was last updated on 2012-01-11, but the Chinese text was amended on 2023-06-21. Later amendments may not be reflected in the translation — please refer to the Chinese text.
An action on the determination of the biological father of a child born after the mother marries again may be initiated by the child in question, the mother, the spouse of the mother or the spouse of the mother in her previous marriage.Where the action provided in the preceding paragraph is initiated by the spouse of the mother, it shall be initiated against the spouse of the mother in her previous marriage; where such an action is initiated by the spouse of the mother in her previous marriage, it shall be initiated against the spouse of the mother; where such an action is initiated by the child or the mother, it shall be initiated jointly against the present spouse and the spouse of the mother in her previous marriage; where either the present spouse or the spouse of the mother in her previous marriage has died, such an action shall be initiated against the surviving spouse.Where, in the circumstances provided in the preceding paragraph, all of the parties against whom the action should be initiated have died, the action shall be initiated listing the prosecutor as the defendant.
中文原文 家事事件法第65條
確定母再婚後所生子女生父之訴，得由子女、母、母之配偶或前配偶提起之。
前項之訴，由母之配偶提起者，以前配偶為被告；由前配偶提起者，以母之配偶為被告；由子女或母提起者，以母之配偶及前配偶為共同被告；母之配偶或前配偶死亡者，以生存者為被告。
前項情形，應為被告之人均已死亡者，以檢察官為被告。
前項之訴，由母之配偶提起者，以前配偶為被告；由前配偶提起者，以母之配偶為被告；由子女或母提起者，以母之配偶及前配偶為共同被告；母之配偶或前配偶死亡者，以生存者為被告。
前項情形，應為被告之人均已死亡者，以檢察官為被告。