Paternity Filiation

1. Legitimate children

Concept: Legitimate children. Children conceived or born during the marriage of the parents are legitimate.(Article 164, Ibid.)

Conceived or born during marriage. Children conceived or born during the marriage of the parents are legitimate. (Ibid.)

Artificial insemination. Children conceived as a result of artificial insemination of the wife with the sperm of the husband or that of a donor or both are likewise legitimate children of the husband and his wife, provided, that both of them authorized or ratified such insemination in a written instrument executed and signed by them before the birth of the child. The instrument shall be recorded in the civil registry together with the birth certificate of the child. (Paragraph 2, Article 164, Ibid.)

b. RIGHTS OF LEGITIMATE CHILDREN

Legitimate children shall have the right:1) To bear the surnames of the father and the mother, in conformity with the provisions of the Civil Code on Surnames;2) To receive support from their parents, their ascendants, and in proper cases, their brothers and sisters, in conformity with the provisions of this Code on Support; and3) To be entitled to the legitimate and other successional rights granted to them by the Civil Code. (Article 174, Ibid.)

2. Proof of filiation

a. HOW TO PROVE FILIATION

Legitimate children. Primary proof. The filiation of legitimate children is established by any of the following:

1) The record of birth appearing in the civil reg...

Already a subscriber? Log in below. Not yet a member? Subscribe. No advertisements when you are logged in.

Similar Posts