need help attaining legal parentship

[jazzbass2]

I'm posting this on behalf of a friend of mine - to cut a long story short he got his taiwanese girlfriend pregnant back about 2 years ago, which was unplanned but she seemed to accept things but marriage was never mentioned.... - anyway the day comes and he finds himself the proud father of twins - so he's there at the hospital with her family and they go off to do all the legal stuff but omit to name him as the legal parent to his boys, and forget to tell him - something he finds out later when he's locked out of the apartment they share - and he later finds out she wants at least 20000 a month from him or he doesn't get to see them at all.......... so he goes along with this for about a year until now.... now he flatly refuses to pay any money (he even has to pay for baby sitters) and has learnt that she plans to move soon
He wants to know how he can get himself legally registered as the father of his children
and as he's not a member of this site i will pass any info on to him

[Northcoast Surfer]

I'm posting this on behalf of a friend of mine - to cut a long story short he got his taiwanese girlfriend pregnant back about 2 years ago, which was unplanned but she seemed to accept things but marriage was never mentioned.... - anyway the day comes and he finds himself the proud father of twins - so he's there at the hospital with her family and they go off to do all the legal stuff but omit to name him as the legal parent to his boys, and forget to tell him - something he finds out later when he's locked out of the apartment they share - and he later finds out she wants at least 20000 a month from him or he doesn't get to see them at all.......... so he goes along with this for about a year until now.... now he flatly refuses to pay any money (he even has to pay for baby sitters) and has learnt that she plans to move soon
He wants to know how he can get himself legally registered as the father of his children
and as he's not a member of this site i will pass any info on to him

Oooh. This is really bad news. Unless the laws in Taiwan have changed recently, your friend has absolutely no rights to his children whatsoever! Why? Because he's not married to the mother of his children. Further, he wasn't listed as the father on the childrens' birth certificates. This is going to be a huge problem for him and he needs to hire an experienced attorney to represent him.

[Feiren]

Taiwanese birth certificates never list the father. They only list the spouse. So if you are not married, the father is NEVER listed on the birth certificate and indeed cannot be.

The father needs to acknowledge the child. To do that, you need the mother to agree.

But if the father maintains (i.e, supports) the child, he may be able to bring a lawsuit to obtain a declaratory judgment that he is the father. The mother can still deny this but from a brief review of the cases, it looks like she needs to provide DNA evidence to disprove the relationship at that point.

So your friend needs to keep paying those bills (and be able to show it through bank transfers etc. Don't just hand over cash!) And he definitely needs a lawyer right away.

He can try

Carol Chang
Tel: 2397 1307
Fax: 2391 7592
#10-1, No. 76, Sec 1,
Zhongxiao E. Road

Article 1065 A child born out of wedlock who has been acknowledge by the natural father is deemed to be legitimate; where he has been maintained by the natural father, acknowledgment is deemed to have been established.
In the relation to his mother, a child born out of wedlock is deemed to be legitimate and no acknowledgment is necessary.

Article 1066 A child born out of wedlock or his mother may repudiate the acknowledgment by his natural father.

I'm posting this on behalf of a friend of mine - to cut a long story short he got his taiwanese girlfriend pregnant back about 2 years ago, which was unplanned but she seemed to accept things but marriage was never mentioned.... - anyway the day comes and he finds himself the proud father of twins - so he's there at the hospital with her family and they go off to do all the legal stuff but omit to name him as the legal parent to his boys, and forget to tell him - something he finds out later when he's locked out of the apartment they share - and he later finds out she wants at least 20000 a month from him or he doesn't get to see them at all.......... so he goes along with this for about a year until now.... now he flatly refuses to pay any money (he even has to pay for baby sitters) and has learnt that she plans to move soon
He wants to know how he can get himself legally registered as the father of his children
and as he's not a member of this site i will pass any info on to him

Oooh. This is really bad news. Unless the laws in Taiwan have changed recently, your friend has absolutely no rights to his children whatsoever! Why? Because he's not married to the mother of his children. Further, he wasn't listed as the father on the childrens' birth certificates. This is going to be a huge problem for him and he needs to hire an experienced attorney to represent him.

[lupillus]

Right. Knock her up. Don't marry her. Cease to pay child support. Now sue for child custody.

Your friend does realize that it will most likely cost even more money than the measly 20K to raise the kids on his own, right?

He even has to pay for baby sitters? Does he even have to pay for baby formula/diapers/nursery school/clothes/food for the kids too?

Imagine that. Supporting one's own children. With one's own money, even.

[Mr He]

Yeah, right, that's a minor detail. Unless the kids move in with him, he should pay child support. No questions asked whatsoever.

If she has a babysitter, NT$20k barely covers half.

Why didn't marry her - or use a condom?

[bababa]

20,000 NT a month is not bad for two children. I think he should keep paying. Getting access is a different matter. If the mom won't let him see the kids, tell him to get a lawyer. You'd think she would like the odd evening off, though.

[Mr He]

You'd think, but I think something went very wrong somewhere. We are in a culture, where women like to get hitched, especially after having popped one - or 2.

[tinster]

Yes, get an attorney.
The only way I can see him getting his name on some papers is by DNA, but then the mother would have to agree and seeing she has shot the door on him, I don't think she will ever agree to do a DNA test.

Shittie situation, I feel for the father

20K is alright for twins (maybe a little more, not really sure how much one should be paying in child support, actually) but I would think that what ever amount of money he gives to the mother, a babysitter-fee should be included in that amount. If the father is not allowed to even see his kids, I think it's perfectly ok for him to refuse paying extra for a babysitter. That is something SHE needs to work out herself. She IS a single-mother afterall, and she made that very clear by refusing him to see his children....and the kids are not even "his" according to the birth certificate.

[pgdaddy]

I'm posting this on behalf of a friend of mine - to cut a long story short he got his taiwanese girlfriend pregnant back about 2 years ago, which was unplanned but she seemed to accept things but marriage was never mentioned.... - anyway the day comes and he finds himself the proud father of twins - so he's there at the hospital with her family and they go off to do all the legal stuff but omit to name him as the legal parent to his boys, and forget to tell him - something he finds out later when he's locked out of the apartment they share - and he later finds out she wants at least 20000 a month from him or he doesn't get to see them at all.......... so he goes along with this for about a year until now.... now he flatly refuses to pay any money (he even has to pay for baby sitters) and has learnt that she plans to move soon
He wants to know how he can get himself legally registered as the father of his children
and as he's not a member of this site i will pass any info on to him

Your friend is not legally recognised as the father of the child, since he is not married to the mother. I don't believe any court will recognise his rights to custody if he is not on the child's birth certificate or family registration. I am not sure what the precedent in Taiwan for DNA testing to establish fatherhood is. Anyway, even in cases such as mine where the parents are married and the father is on the birth certificate, and a visitation order is issued, then courts will never enforce the order.

Given this, any lawyer who agrees to take such a case on is simply in it for the money, as unfortunately, many lawyers in Taiwan are. I used many lawyers who told me different stories, the only two things they had in common was that they failed, and they made a lot of money from me. Understanding of suffering of the parent and the concepts of fairness and equity, are simply not factors in the mindset of the average Taiwanese lawyer or indeed the family court judges. Your friend's money would be best spent by trying to control the mother. At the end of the day, threats and pressure are the only thing that kind of woman understands.

Best wishes to your friend and tell him that I understand what he is going though, If he needs any support or advice, please feel free to PM me.

By the way, comments such as "why didn't he use a condom ?" or "why didn't he get married to her ?" come from people who have not been in your friend's situation. He made a mistake, people do. Whether or not the children were planned, they have been born. He loves them. He want the right to be a father to them. It's a basic human right. Nothing more to say.

[pgdaddy]

Article 1065
A child born out of wedlock who has been acknowledge by the natural father is deemed to be legitimate; where he has been maintained by the natural father, acknowledgment is deemed to have been established.
In the relation to his mother, a child born out of wedlock is deemed to be legitimate and no acknowledgment is necessary.

Article 1066
A child born out of wedlock or his mother may repudiate the acknowledgment by his natural father.

The law does seem to be clear on this issue then. However, law is ultimately meaningless if it is not enforced.

Carol Chang
Tel: 2397 1307
Fax: 2391 7592
#10-1, No. 76, Sec 1,
Zhongxiao E. Road

I was also recommended this lawyer, but never used her. I suggest that you advise the OP on what basis you are recommending her- e.g. did she represent you or anyone you know, who was in a similar situation to the OP's friend, with a positive outcome for her client ?