Article 44Parties to an Action for Filiation

①In 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.

②The 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.

③If 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.