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 As regards the child specified in section 1536, the man who is the husband or former husband may repudiate him or her by instituting an action against both the child and the mother and proving that he did not stay with the mother of the child during the pregnancy period, that is, during the period of one hundred and eighty days to three hundred and ten days before the birth of the child, or that he cannot be the father the child for a different reason.

But if the mother of the child is no longer alive at the time of instituting the action, the action may be instituted against the child alone. If the child is no longer alive, irrespective of whether or not his or her mother is still alive, a request may be filed with the court for a declaration that the child is not a child [of the requestor]. In the event that the mother of the child or an heir of the child is still alive, the court shall serve copies of this request upon him or her also, and if the court finds it appropriate, it may serve copies of the request upon a public prosecutor for consideration, in order that the prosecutor may represent the child in proceeding with the action.

In such an event as said in section 1539, if the man who is the husband or former husband successfully proves that the child was born during the period of less than one hundred and eighty days after the day of the marriage, he is no longer required to prove other matters in regard to the repudiation of the child.