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PATERNITY AND FILIATION (Legitimated Children (Only children conceived and…
PATERNITY AND FILIATION
Children
Legitimate Children
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impugned if:
physically impossible for the husband to have sexual intercourse with his wife within the first 120 days of the 300 days which immediately preceded the birth of the child because of
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serious illness of the husband, which absolutely prevented sexual intercourse
proved that for biological or other scientific reasons, the child could not have been that of the husband
That in case of children conceived through artificial insemination, the written authorization or ratification of either parent was obtained through mistake, fraud, violence, intimidation, or undue influence
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Others
child born before one hundred eighty days after the solemnization of the subsequent marriage is considered to have been conceived during the former marriage, provided it be born within three hundred days after the termination of the former marriage
The legitimacy or illegitimacy of a child born after three hundred days following the termination of the marriage shall be proved by whoever alleges such legitimacy or illegitimacy
A child born after one hundred eighty days following the celebration of the subsequent marriage is considered to have been conceived during such marriage, even though it be born within the three hundred days after the termination of the former marriage
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Illegitimate Children
may establish their illegitimate filiation in the same way and on the same evidence as legitimate children
shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support
Legitimated Children
Only children conceived and born outside of wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other may be legitimated
Legitimation shall take place by a subsequent valid marriage between parents. The annulment of a voidable marriage shall not affect the legitimation
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legitimation of children who died before the celebration of the marriage shall benefit their descendants
Legitimation may be impugned only by those who are prejudiced in their rights, within five years from the time their cause of action accrues