Practice question
Both spouses validly give the pre-birth written authorization required by164 for donor-sperm insemination and satisfy registration. No consent vice exists. The husband later relies solely on the donor’s genetics to invoke166(2), ignoring its express164 exception. Which is correct?
- The properly authorized164 situation is expressly excepted from that genetic nonpaternity ground
- The exception is erased whenever donor sperm is used
- The husband may treat the valid authorization as nonexistent without a ground
- A donor automatically becomes the marital husband
- The child has no legal parentage
Legal references
- Family Code EO209: https://lawphil.net/executive/execord/eo1987/eo_209_1987.html Articles164,166 and170–171.
- Yap v Yap GR222259 October17,2022 MAIN: https://lawphil.net/judjuris/juri2022/oct2022/gr_222259_2022.html MAIN qualified true-filiation inquiry and need to overcome presumption.
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