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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Question:

John and Mary got married in 2005. In 2007, Mary gave birth to a child named Sarah. However, doubts have arisen regarding Sarah's paternity. John suspects that he is not Sarah's biological father. In light of this, he wants to take legal action to impugn Sarah's legitimacy.

Based on the provisions of the Family Code, particularly Article 166 and Articles 170-171, analyze the following:

a) What are the grounds or circumstances under which John can file an action to impugn Sarah's legitimacy?

b) What is the prescriptive period for filing an action to impugn legitimacy?

c) What are the evidentiary requirements for successfully impugning Sarah's legitimacy?

d) If John successfully impugns Sarah's legitimacy, what are the legal implications for Sarah's rights and status as a child?

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