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Philippine Bar review · Question

Practice question: Action to Impugn Legitimacy

Multiple Choice Hard

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?
  1. The properly authorized164 situation is expressly excepted from that genetic nonpaternity ground
  2. The exception is erased whenever donor sperm is used
  3. The husband may treat the valid authorization as nonexistent without a ground
  4. A donor automatically becomes the marital husband
  5. 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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