Está en la página 1de 1

PATERNITY AND FILIATION

Dr. Vladimir Villacorte Villasenor acknowledged by the father or the


mother separately if the
Paternity- civil status of the father with respect to acknowledging parent was legally
competent to contract marriage at
the child begotten by him
the time of conception.
c. Natural Children by legal fiction –
Filiation- civil status of the child in relation to its children born of void marriages or
mother and father those born of voidable marriages
after the decree of annulment.
Legal Importance:
A. For Succession C. Spurious Children – illegitimate who are
B. For enforcement of the Naturalization and not natural are considered spurious
Immigration of Laws 1. Adulterous children – conceived in an
act of adultery or concubinage
Kinds of Children 2. Incestuous children – children born by
parents who are legally incapable of
A. Legitimate Children: one who is born in contracting valid marriage because of
lawful wedlock, or within a competent time their blood relationship.
afterwards; 3. Manceres children – children conceived
1. Legitimate children (proper) – those by prostitutes. It is very difficult to
who were born in lawful wedlock or determine the father because of the
within 300 days after dissolution of nature of the business.
marriage 4. Sacrilegious children - children born of
2. Legitimated children parents who have been ordained in sacri
• Legitimation is defined as a
remedy or process by which a Evidence of Paternity and Filiation
child born out of lawful wedlock
and are therefore considered A. Medical Evidence
illegitimate are by fiction of law 1.Paternal likeness
considered legitimate by 2. Blood grouping test
subsequent valid marriage. 3. DNA test
3. Adopted children 4. Evidence of the mother
• Adoption is the act or • Proofs of previous delivery
proceedings by which relations • Proofs of physical potency and
of paternity and filiation are fertility
recognized as legally existing • Proof of capacity to have access
between persons not so related with the husband
by nature. 5. Evidence from the father
• Proof of physical potency and
B. Illegitimate Children: are those who were fertility
born out of lawful wedlock or after a • Proof of access
competent time after its dissolution.
1. Natural Children: B. Non-Medical Evidences
a. Natural Children (proper) – those 1. Record of birth in the Civil Registrar or
born outside of wedlock of parents by an authentic document or final
who at the time of conception of the judgment
former, were not disqualified by any 2. Continuous possession of the status of
impediment to marry each other. legitimate child
b. Natural Children by presumption – 3. Any other evidence allowed by the
those natural children Rules of Court and Special laws.