All ▸ Bar 2024 ▸ CIVIL LAW ▸ III. PERSONS AND FAMILY RELATIONS ▸ N. Paternity and Filiation ▸ 2. Legitimate and Illegitimate Children - Family Code, arts. 164-165 and 167-169 ▸ d. Action to Impugn Legitimacy - Family Code, arts. 166 and 170-171

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Legitimate and Illegitimate Children - Action to Impugn Legitimacy

In 2015, Marissa married Eduardo. After a few years of marriage, Marissa gave birth to a child named Sofia. However, rumors started circulating that Sofia may not be Eduardo's biological child. Eduardo became suspicious and wants to take legal action to challenge Sofia's legitimacy.

Based on the provisions of the Family Code, particularly on the topic of Action to Impugn Legitimacy (Family Code, Arts. 166 and 170-171), answer the following questions:

What are the grounds for an action to impugn legitimacy?
What is the prescriptive period within which an action to impugn legitimacy should be filed?
Can Eduardo file an action to impugn Sofia's legitimacy even if he is still married to Marissa?
What evidence must Eduardo present in court to prove that Sofia is not his biological child?

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