Personal Status Litigation Act

If a father dies before the birth of a child, or dies within the period specified by Article 777 (limited to the part related to item (i)) or Article 778 (limited to the part related to item (i)) of the Civil Code without filing an action to rebut the presumption of legitimacy, a person whose right of inheritance is harmed because of the child, or any other blood relative of the father's within the third degree of kinship, may file an action to rebut the presumption of legitimacy only within one year from the day on which the father died.

If a father dies after filing an action to rebut the presumption of legitimacy, a person permitted to file an action to rebut the presumption of legitimacy pursuant to the provisions of the preceding paragraph may be substituted in the court proceedings within six months from the day of the father's death. In that case, the provisions of the second sentence of Article 124, paragraph (1) of the Code of Civil Procedure do not apply.

If a former husband specified in Article 774, paragraph (4) of the Civil Code files an action to rebut the presumption of legitimacy pursuant to the provisions of Article 775, paragraph (1) of that Code (limited to the portion related to item (iv)), if there is a person (other than the father) who marries the mother during the period from the time of conception to the time of the birth of the child after dissolution or rescission of the mother's marriage to the former husband, an action to rebut the presumption of legitimacy naming those persons as defendants must be filed by joining with the action to rebut the presumption of legitimacy.

The oral arguments and judicial decisions in an action to rebut the presumption of legitimacy filed by joining pursuant to the provisions of the preceding paragraph must not be separated from one another.

When a judgment in an action to rebut the presumption of legitimacy concerning a child whose paternity has been established pursuant to the provisions of Article 772, paragraph (3) of the Civil Code becomes final and binding, the court is to provide notice of the contents of the judgment to the former husband (limited to a person whose name and domicile or residence are indicated in the case record) referred to in Article 774, paragraph (4) of that Code.

The provisions of Article 41, paragraphs (1) and (2) apply mutatis mutandis to an action for invalidation of filiation referred to in Article 786 of the Civil Code. In this case, the term "father" in Article 41, paragraphs (1) and (2) is deemed to be replaced with "person who acknowledged filiation" and the phrase "Article 777 (limited to the part related to item (i)) or Article 778 (limited to the part related to item (i))" in paragraph (1) of that Article is deemed to be replaced with "Article 786, paragraph (1) (limited to the part related to item (ii))."

If a child dies during the period prescribed in Article 786, paragraph (1) (limited to the part related to item (i)) of the Civil Code without filing an action for invalidation of filiation, the child's lineal descendant or legal representative may file an action for invalidation of filiation. In this case, the action must be filed within one year from the day on which the child died.

If a child dies after filing an action for invalidation of filiation during the period prescribed in Article 786, paragraph (1) (limited to the part related to item (i)) of the Civil Code, a person permitted to file an action for invalidation of filiation pursuant to the provisions of the preceding paragraph may be substituted in the court proceedings within six months from the day of the child's death. In this case, the provisions of the second sentence of Article 124, paragraph (1) of the Code of Civil Procedure do not apply.

In an action for filiation, the alleged father or mother is to be named as the defendant; in an action for filiation after the alleged father or mother has died, the public prosecutor is to be named as the defendant.

The provisions of Article 26, paragraph (2) apply mutatis mutandis if a father or mother is named as the defendant pursuant to the provisions of the preceding paragraph, and that person then dies.

If a child dies after filing an action seeking filiation, the child's lineal descendant or legal representative may be substituted in the court proceedings after the period specified in the proviso to Article 787 of the Civil Code has passed, within six months from the day on which the child died. In that case, the provisions of the second sentence of Article 124, paragraph (1) of the Code of Civil Procedure do not apply.

A child, mother, or the mother's spouse from an earlier or later marriage may file an action to establish paternity pursuant to the provisions of Article 773 of the Civil Code.

In an action as referred to in the preceding paragraph that a person set forth in one of the following items files, the person specified in that item is to be named as the defendant; after the person in question has died, the public prosecutor is to be named as the defendant:

the child or mother: the mother's spouses from an earlier and later marriage (or, after one of them has died, the other one);

the mother's spouse from an earlier marriage: the mother's spouse from a later marriage; or

the mother's spouse from a later marriage: the mother's spouse from an earlier marriage.

The provisions of Article 26 apply mutatis mutandis if a person specified in one of the items of the preceding paragraph is named as a defendant pursuant to the provisions of the preceding paragraph and then dies.