Man discovers son is not his after raising him for three years

by zxyhszzfz on 2011-07-22 17:04:20

By reporter Tang Hongjie, with contributions from Zhong Ziwēi

Zhong, who worked in Xiēgāng Town in Dongguan City, lived with Xie, a woman from Jiangxi Province. They soon had a boy. In the blink of an eye, their son was three years old. Zhong learned that the son he had raised for three years was not his biological child. He chose to cut ties with his wife Xie and take the son away. However, Xie could not see her son, so she had no choice but to sue her husband. Recently, this couple reconciled under the mediation of the judge.

In 2003, Zhong met Xie, a woman from Jiangxi Province, through an introduction. Soon they began living together. Two years later, Xie gave birth to a boy. Afterwards, Zhong took great care of the child. However, in 2008, he unexpectedly learned that the child was not his biological son. After a DNA paternity test, Zhong had to accept this harsh reality.

For this reason, Zhong cut ties with Xie and forcibly took the child away, refusing to let the mother and son meet ever since. With no other options, Xie had to file a lawsuit, demanding that Zhong return the child for her to supervise and raise.

First-instance judgment: Zhong must return the child

After reviewing the case, the court legally ruled that Zhong must return the child to Xie within ten days. Xie would compensate Zhong for her hospitalization costs during childbirth and three years of child support. Dissatisfied with the verdict, Zhong appealed, but the second instance upheld the original judgment. However, Zhong still refused to return the child. In this situation, Xie once again brought the matter to court, requesting enforcement.

In March 2009, the Third People's Court of Dongguan City received a commission from the Longchuan County People's Court in Guangdong Province to enforce the execution of this case on its behalf.

Both parties ultimately reached a settlement

The judge explained the law and reasoning to both sides, suggesting that considering past feelings and for the sake of the child's physical and mental health, both parties should make concessions. Taking into account the stronger economic capabilities of the man and the lack of a stable job for the woman, both agreed to settle according to the judge's suggestion. The man would continue to raise the child and bear the cost of schooling, while the woman could visit at any time.