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AllBar 2024CIVIL LAWIII. PERSONS AND FAMILY RELATIONSN. Paternity and Filiation2. Legitimate and Illegitimate Children - Family Code, arts. 164-165 and 167-169a. Proof of Filiation - Family Code, arts. 172, 173 and 175

Question

Legitimate and Illegitimate Children - Proof of Filiation

Alex and Carla are married and have a daughter named Sophie. However, they recently separated and are now engaged in a legal battle over the custody and support of Sophie. Carla claims that Alex is not the biological father of Sophie and requests a paternity test to prove her claim. On the other hand, Alex strongly believes that he is Sophie's biological father and refuses to agree to the paternity test. As the presiding judge, you are tasked with resolving the issue of filiation.

Based on the provisions of the Family Code, particularly on the topic of proof of filiation, answer the following questions:

  1. What is the importance of establishing proof of filiation in cases involving legitimate and illegitimate children?
  2. What are the methods of proving filiation as provided in the Family Code?
  3. Can Carla compel Alex to undergo a paternity test to determine Sophie's filiation, even if Alex refuses to agree to it? Discuss.
  4. If Carla fails to prove the non-filiation of Alex, what legal consequences may she face?
  5. What legal rights and obligations do legitimate and illegitimate children have in terms of support, inheritance, and legitimacy?



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Bar Review Question: Legitimate and Illegitimate Children - Proof of Filiation Alex and Carla are married and have a da