Case of Three Daughters Not Biologically Related After 8 Years of Marriage: Husband's Claim for Compensation Supported—How Does the Civil Code Determine Fraudulent Upbringing?

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Recently, a divorce dispute case in Shangrao, Jiangxi Province went viral: Mr. Chen, a man, and his wife Ms. Yu were married for eight years and had three daughters, but DNA testing revealed that none of the three children were biologically his. Mr. Chen publicly stated, "There is nothing wrong with my male function," and has filed for divorce in court, while also demanding compensation from his wife for child-rearing expenses, emotional distress damages, and other economic losses. This case quickly attracted nationwide attention, not only because of the bizarre circumstances, but also because it touches on a heavy and realistic issue in marriage law—fraudulent paternity. As a lawyer who has handled numerous marriage and family cases, I believe the core legal dispute in this case lies in whether a husband who raises non-biological children without knowledge can obtain compensation, how the scope of compensation should be defined, and how the Civil Code negatively evaluates such conduct. This article will analyze the legal logic behind this hot news event from a legal practice perspective, providing rights-protection approaches for ordinary people who may face similar dilemmas.

The Legal Characterization of Fraudulent Child-Rearing: Tort or Breach of Contract?

So-called fraudulent support refers to a situation where one spouse (typically the wife), during the existence of the marital relationship, engages in sexual relations with another person and gives birth to a child, yet deliberately conceals the truth, causing the husband to mistakenly believe the child is his biological offspring and thereby fulfill support obligations. How such conduct is legally characterized directly bears upon the remedies available to the injured party.

From the perspective of the Civil Code, this first and foremost violates the statutory obligation under Article 1043 of the Civil Code that "spouses shall be faithful to each other, respect each other, and care for each other." The duty of fidelity is not merely a moral requirement but a legal obligation, and the wife's act of concealment constitutes a fundamental breach of the marital contract.

Secondly, from the perspective of tort liability, the husband, based on mistaken belief, devoted time, money, and affection to children who are not biologically his. This "raising" conduct lacks a genuine basis of expression of intent. Under Article 1045 of the Civil Code regarding close relatives and family members, and Article 1067 regarding support obligations, the husband has no legal obligation to support children who are not biologically his. The child support, educational expenses, medical costs, and similar expenditures he made constitute property losses suffered as a result of fraud.

In judicial practice, courts generally recognize fraudulent child-rearing as a tortious act, applying the principle of fault liability. If a wife knowingly conceals the fact that the child is not her husband's biological offspring, she demonstrates clear subjective fault, which objectively causes financial loss and emotional distress to the husband, with a direct causal relationship between the two. Therefore, the injured party is entitled to claim damages for tort under Article 1165 of the Civil Code.

Notably, this characterization means that the husband's claim is not based on the divorce itself, but on the wife's fraudulent conduct. Therefore, even without a divorce, the husband may separately bring an action for the loss of child support. Of course, in most cases, parties will choose to assert such claims together in the divorce proceedings to improve litigation efficiency.

How broad is the scope of the claim? Child support, emotional distress damages, or more?

In this case, the compensation amount claimed by Mr. Chen amounts to several hundred thousand yuan, including child support, emotional distress damages, and other items. So, which items are actually supported by law?

First, reimbursement of child support. This is the most direct form of property loss. In judicial practice, courts typically refer to the local per capita consumption expenditure standard, taking into account factors such as the child's actual living needs and the husband's income level, to determine a monthly child support amount at their discretion, which is then multiplied by the actual number of years of support. For example, in a similar case in Zhejiang, the court ruled at a standard of RMB 1,500 per month, ordering reimbursement of 8 years of child support totaling RMB 144,000. In a case in Shanghai, the court applied a standard of RMB 2,000 per month and upheld a claim for 10 years totaling RMB 240,000. In this case, Mr. Chen must provide evidence of expenses during the support period, such as tuition receipts and medical bills, to support his claim.

Second, compensation for mental distress. This is often the aspect the injured party cares about most. Under Article 1091 of the Civil Code, where divorce is caused by the fault of one party, the non-faulting party has the right to claim damages. Fraudulent paternity deals a devastating emotional blow to the husband: it not only destroys marital trust but also renders his paternal affection for the child wasted. In judicial practice, the amount of compensation for mental distress ranges from 10,000 to 100,000 yuan, depending on factors such as the degree of fault, the consequences of the harm, and the local economic level. In a case in Guangdong, the court supported 50,000 yuan in mental distress damages because the woman not only concealed the matter but also denied it repeatedly during litigation, constituting egregious circumstances.

Third, other losses. These include paternity testing fees (typically several thousand yuan), career development opportunities missed due to raising the child, and similar items. Although these are difficult to prove, there is still room to argue for them. In addition, if the husband purchased insurance or made significant investments for the child during the period of raising the child, he may also claim restitution.

It should be noted that all the above compensation is premised on the establishment of "fraud." If the woman can prove that the husband knew the child was not biologically his before or during the marriage but still chose to raise the child, it may constitute "voluntary upbringing," and the compensation claim will be significantly reduced. Therefore, evidence collection is crucial, including paternity test reports, communication records, and transfer receipts, and it is recommended to proceed under the guidance of a lawyer.

Property Division and Child Custody in Divorce: How Can the Injured Party Secure a Favorable Position?

In this case, Mr. Chen has filed for divorce, so what legal issues would the divorce itself involve?

First, regarding the grounds for divorce. Article 1079 of the Civil Code stipulates that divorce shall be granted where mediation fails under circumstances such as bigamy, cohabitation with another person, commission of domestic violence, abuse or abandonment of family members, indulgence in bad habits such as gambling or drug addiction that remain uncorrected after repeated admonition, or separation for a full two years due to lack of mutual affection. Although fraudulent child-rearing is not explicitly listed in the statutory provisions, because it seriously violates the spousal duty of fidelity and undermines the emotional foundation of the marriage, it is generally recognized as "another circumstance causing the breakdown of the marital relationship," and the court shall grant a divorce.

Secondly, regarding property division. In divorce property division, courts will follow the principle of protecting the rights and interests of the non-faulting party. Under Article 1087 of the Civil Code, community property of spouses at the time of divorce is to be divided by agreement between the parties; if no agreement is reached, the court shall make a judgment based on the specific circumstances of the property and in accordance with the principle of protecting the rights and interests of children, the wife, and the non-faulting party. In this case, Mr. Chen, as the non-faulting party, is entitled to request a larger share of the property. However, there is no fixed ratio for how much more he may receive; the judge will comprehensively consider factors such as the degree of fault, the scale of the property, and the economic capacities of both parties. For example, in a case in Beijing, the court awarded 70% of the real estate to the non-faulting party.

Again, regarding child custody. Since none of the three daughters are biologically Mr. Chen's, he has neither an obligation nor a right to raise them. In the divorce proceedings, the court will make it clear that the three children are to be raised by the woman, Mr. Chen is not required to pay child support, and he has the right to demand reimbursement of any child support already paid. This point is relatively clear in law and is not highly disputed.

Additionally, if the woman has transferred or concealed marital community property during the marriage, under Article 1092 of the Civil Code, if such conduct is discovered at the time of divorce, she may receive a reduced share or no share of the property. Mr. Chen should pay attention to the woman's property movements and, if necessary, apply to the court for investigation.

Legal Practice Advice: How Should Parties Protect Their Rights in Cases of Fraudulent Child-Rearing?

As a lawyer who has handled similar cases, I give the following advice to clients who have experienced fraudulent child-rearing:

First, remain calm and gather evidence; do not act impulsively. If you discover that a child may not be biologically yours, arrange for a paternity test at the earliest opportunity, but be sure to choose an institution with judicial appraisal qualifications, and retain the original appraisal report. At the same time, collect all receipts and records of child-rearing expenses, such as bank transfer records, tuition payment receipts, medical bills, and shopping records—these serve as the basis for calculating the amount of compensation.

Second, consult a professional attorney to evaluate litigation strategies. Fraudulent support cases involve multiple legal procedures, including divorce proceedings, tort actions, and property division. A professional attorney can help you sort out the legal relationships, determine your claims, and avoid omissions or errors. For example, whether to file for divorce first or file a separate tort action requires a comprehensive assessment based on the evidence and your litigation objectives.

Third, the claim for mental damage compensation must be made at the right time. According to Article 88 of the Interpretation (I) of the Marriage and Family Part of the Civil Code, if the non-faulting party is the defendant and neither agrees to the divorce nor raises a claim for damages, they may file a separate lawsuit within one year after the divorce. Therefore, even if the claim was not made during the divorce proceedings, there is still an opportunity to file a separate lawsuit within one year, but be sure not to exceed the statute of limitations.

Fourth, pay attention to criminal risks. If the woman cohabits with others under the guise of a married couple during the marriage, she may be suspected of bigamy; if she fabricates a child's identity to defraud child support payments and the amount is relatively large, it may also constitute fraud. However, criminal measures should be used with caution, and whether the evidence is sufficient should be evaluated under the guidance of a lawyer.

Guangdong Zhiming Law Firm has深耕 the field of matrimonial and family law for many years, handling numerous complex cases involving fraudulent paternity support and divorce damages compensation. We fully understand that such cases not only involve property interests but also emotional trauma. If you are facing a similar predicament, please feel free to contact us. We will provide you with one-on-one legal consultation and litigation representation services with professionalism and empathy, helping you protect your legal rights and move past the shadows.

Conclusion: The law is a shield for victims, but the pursuit of rights must be rational.

The case of "three daughters not biologically his after 8 years of marriage" resonates nationwide because it strikes at the bottom line of marital trust. The law cannot repair emotional trauma, but it can provide the victim with accountability through compensation and a fair judgment. For ordinary people, this case serves as a reminder: the duty of fidelity in marriage is not empty rhetoric but a right protected by law. If you face betrayal, do not bear it alone—the law is always a weapon you can rely on.