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 ▸ a. Proof of Filiation - Family Code, arts. 172, 173 and 175

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Question: Legitimate and Illegitimate Children - Proof of Filiation

John and Mary got married in 2005. A few years later, Mary gave birth to a child named Alex. Throughout Alex's life, John has openly acknowledged and supported Alex as his own child. However, after John's sudden demise, questions regarding Alex's legal status arise.

Discuss the following issues:

What are the legal requirements for Alex to establish his filiation as John's legitimate child under the Family Code?
What evidence can Alex present to prove his filiation and claim his inheritance rights?
What legal presumptions, if any, could support Alex's claim of being John's legitimate child, even in the absence of direct evidence?

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