Taiwan court protects orphan's inheritance in rare ruling

A高雄 court has made a rare legal decision to protect an adopted orphan's inheritance, overturning a paternal aunt's challenge based on a lack of blood relation.

The case involved a man, referred to as A-Ren, who adopted a son, Xi-Er, 19 years ago. Fourteen years later, after A-Ren's death, Xi-Er, then 14, became the sole heir to his father's substantial property. A-Ren's two sisters then filed a lawsuit to invalidate the adoption, claiming Xi-Er was not A-Ren's biological son and therefore the inheritance registration was void. They sought to have their brother's property transferred to their names.

According to civil law, there is no statute of limitations for lawsuits confirming or denying parentage. However, the Kaohsiung Juvenile and Family Court, after a five-year review, found a loophole. The court reasoned that while individuals have the right to challenge uncertain familial relationships, this must be done within a specific timeframe to protect the rights of the child, such as their family and personal rights.

To address this legal gap, the judge applied a rare "analogy" principle. The court ruled that any challenge to the parent-child relationship must be filed within two years of establishing the legal parent-child relationship. Since A-Ren died after this statutory period had passed, his sisters could no longer sue to confirm the non-existence of the parent-child relationship. This decision safeguards the orphan's inheritance rights.