Supreme Court rules Dutch man cannot question paternity

By Rich Chang / Staff Reporter





The Supreme Court on Tuesday ruled that a Dutch man, who says he is the father of a two-year-old girl in Taiwan, does not have the legal capacity to ask the courts to determine who the child’s parents are.

The ruling is final.

Court documents show that a man surnamed Tijssen said a Taiwanese woman surnamed Chang (張) had married a Taiwanese man surnamed Huang (黃) in February 2008, but their relationship had deteriorated soon after their marriage.

Chang had two friends witness a divorce document she signed before she left for the Netherlands, but Huang never signed the document.

Tijssen said Chang lived with him in the Netherlands for more than a month in April and May 2008, adding that their relationship was of a sexual nature.

Chang then returned to Taiwan, but in December 2008 she returned to the Netherlands and stayed with Tijssen until Jan. 4, 2009. During that period, the two resumed their sexual relationship, Tijssen said.

Chang then informed him on Jan. 26, 2009, that she was pregnant, Tijssen told the court. Chang later gave birth to a girl in the US in September 2009.

Tijssen said he should be recognized as the girl’s father, because he, not Chang’s husband, was having sexual intercourse with Chang at the time of conception.

The court documents said after her return to Taiwan, Chang and her husband repaired their relationship and registered with the household authorities as a couple on May 16, 2008.

Chang told the court that she and Huang are the girl’s parents.

The Supreme Court said according to the Civil Code, since Chang and Huang registered as a couple on May 16, which falls within the defined period of conception, Chang and Huang are recognized as the girl’s legal parents.

The Supreme Court said according to the law, only a person’s legally recognized parents (or the person themselves) can file a lawsuit to demand a court- mandated paternity test.

Therefore, because Tijssen is not one of the recognized parents, he does not have the legal capacity to ask the court for a paternity test.

Tijssen, who media reports said had worked as an engineer in Taiwan, also filed a suit with the Banciao District Court, asking the court to invalidate Chang and Huang’s marriage.

That case is still pending.