Page:พรบ แก้ ปพพ (๒๕๓๓-๐๙-๐๘).pdf/19

 must be instituted by the husband or former husband within one year from the day he knows of the birth of the child. However, the action shall not be instituted upon the passage of ten years from the day of the birth of the child.

In the event that a court judgment declares that the child is not a legitimate child of the new husband according to section 1537 or the husband in the subsequent marriage according to section 1538, if the husband or former husband who is presumed by section 1536 to be the legitimate father of the child wants to institute an action for repudiation of the child, he must institute the action within one year from the day he knows that the judgment has become final.

In the event that a husband or former husband institutes an action for repudiation of a child and dies before the action becomes final, a person who has the right to succeed to his inheritance together with the child or a person who is to lose the right to succeed to his inheritance as a result of the birth of the child may request permission to replace or may be summoned to replace him as a substitute party.

As regards an action for repudiation of a child, a person who has the right to succeed to an inheritance together with the child or a person who is to lose the right to succeed to an inheritance as a result of the birth of the child may institute it in the following events:

the husband or former husband died prior to the passage of the period of time within which he might institute the action;

the child was born after the death of the husband or former husband.

In the event under (1), the action for repudiation of the child must