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DNA result shows the man is NOT the real father of the child. Can it lead to disownment?

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kyuryus


Arresto Menor
Here's the scenario:
- man acknowledged child and signed the BC
- man's marriage with the child's mother later got annulled.
- child's custody was awarded to the man.
- child (minor) is disobedient, disrespectful and shows no regard to the man as her father.
- child wants to return to the mother.
- both child and man (alleged father) see NO physical resemblance nor similar trait between them. thus, both agreed to undergo paternal DNA test to finally know the truth.

If the legal DNA test result shows that the man is NOT the real father, what legal action can he take for him to ensure the following?
1. his surname removed from the child's BC.
2. he will be free from paternal authority over the child.
3. he will not be obliged anymore to give support the child when returned to the mother.

Additional question:
Can this be related to 'disownment'?

(The Family Code and Civil Code do not seem to mention about 'disownment' so I wonder what legal case are related to this scenario.)

Any relevant advice will be greatly appreciated. Thanks!

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kyuryus


Arresto Menor
up...

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attyLLL


moderator
if at the time the child was conceived and born, there was no legal impediment to their marriage, then the child was became legitimated by the parents' marriage.

if the basis of the declaration of nullity is psycho incapacity, then the child remained to be legitimate.

the husband can question the legitimacy of his child only within one year from the time the birth certificate is filed. it is called impugning the legitimacy of the child.

so the answer depends on the basis of the annulment. if psycho, in my opinion, it is too late.


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