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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:

Marcel and Sophia were happily married for five years before their relationship began to deteriorate. Eventually, they decided to separate and live apart. During this period, Sophia discovered that she was pregnant. She initially believed that Marcel was the father of the child, but later had doubts due to certain circumstances. Marcel, on the other hand, insisted that he is the biological father of the child and expressed his intent to acknowledge the child as his own.

Considering the provisions of the Family Code on Legitimate and Illegitimate Children, particularly on the topic of Action to Impugn Legitimacy, answer the following questions:

  1. Can Sophia file an action to impugn the legitimacy of the child? Explain.
  2. What are the grounds for impugning the legitimacy of a child? Discuss.
  3. If Marcel acknowledges the child as his own, what legal consequences will this have? Explain.



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Bar Review Question: Question 2: Marcel and Sophia were happily married for five years before their relationship began