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AllBar 2024CIVIL LAWIII. PERSONS AND FAMILY RELATIONSN. Paternity and Filiation2. Legitimate and Illegitimate Children - Family Code, arts. 164-165 and 167-169d. Action to Impugn Legitimacy - Family Code, arts. 166 and 170-171

Question

Question 2: Legitimate and Illegitimate Children - Action to Impugn Legitimacy

John and Mary were married for several years, but they separated after a tumultuous relationship. During their marriage, Mary gave birth to a child, Sarah. However, John has doubts about his paternity over Sarah and wants to challenge her legitimacy.

With regard to the action to impugn legitimacy, answer the following:

  1. What are the grounds for an action to impugn legitimacy under the Family Code?
  2. What is the prescriptive period within which such an action must be filed?
  3. What evidence is necessary for the successful impugnement of the legitimacy of a child?
  4. What are the effects of a successful action to impugn legitimacy?



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Bar Review Question: Question 2: Legitimate and Illegitimate Children - Action to Impugn Legitimacy John and Mary were