Family Act Article 66
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.
Where circumstances as provided in Article 1067 of the Civil Code exist with regard to a claim of acknowledgement of a child by the natural father, the action may be initiated listing the competent social welfare authorities or the prosecutor as the defendant.Where an action of acknowledgement of a child is initiated by the child concerned, the mother, or otherwise by the statutory agent and the said party has died prior to the time at which the judgment becomes final and binding, the interested parties who were entitled to initiate the identical action may, within ten days of being aware of the decease of the plaintiff, move for the assumption of the action. Such an assumption of the action may not be made after thirty day from the decease of the plaintiff.Where, with regard to an action provided in the preceding paragraph, the alleged natural father has died prior to the time at which the judgment becomes final and binding, the action shall continue with the assumption of the action by his successor. Where there is no such a successor or all such successors have died prior to the time at which the judgment becomes final and binding, the action shall continue with the assumption of the action by a prosecutor.
中文原文 家事事件法第66條
認領之訴,有民法第一千零六十七條第二項後段之情形者,得以社會福利主管機關或檢察官為被告。
由子女、生母或其他法定代理人提起之認領之訴,原告於判決確定前死亡者,有權提起同一訴訟之他人,得於知悉原告死亡時起十日內聲明承受訴訟。
但於原告死亡後已逾三十日者,不得為之。
前項之訴,被指為生父之被告於判決確定前死亡者,由其繼承人承受訴訟;無繼承人或被告之繼承人於判決確定前均已死亡者,由檢察官續受訴訟。
由子女、生母或其他法定代理人提起之認領之訴,原告於判決確定前死亡者,有權提起同一訴訟之他人,得於知悉原告死亡時起十日內聲明承受訴訟。
但於原告死亡後已逾三十日者,不得為之。
前項之訴,被指為生父之被告於判決確定前死亡者,由其繼承人承受訴訟;無繼承人或被告之繼承人於判決確定前均已死亡者,由檢察官續受訴訟。