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How to disown child after signing of BC and annulment?

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abigail03


Arresto Menor
Is there still any way to disown a child after the marriage happened due to fraud and annulled due to psyco incapacity? Around 2007, the mother of the child approached the man saying she's pregnant. The two married out of the man's parents' demands and pressure (because the man knows about the girl's infidelity), but later on after 2 yrs (2008 was the birth of the child. The child was already 1 yr old by this time) the man decided to take paternity test and turned out the child wasn't his. Also one time they had an argument and the mother told him na parang nadulas "bakit sa'yo ba ang bata?" because the man didn't want to return the child prior to his decision of taking paternity test.

After years, 2011 lang nasimulan ang annulment case. The court decision was released july 2012 pero ang naging basis was psychological incapacity. Ang problema kasi di na mahanap yung dna test results in the first place kaya di na nagawan ng paraan.

Is there still a way to disown the child?

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AWV


Reclusion Perpetua
Technically, if your wife got pregnant inside your marriage the child is automatically under your name. So there's no way you can disown the child's name if you already acknowledge it in the first place. So I can't see somehow that you can disown this child.

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abigail03


Arresto Menor
the wife got pregnant while they are not married. napakasalan lang po dahil nabuntis nga pero later on the man finds out di sa kanya ang bata. though nagpakasal sila never sila naglive in as a married couple. then dahil sobra sobra na ang panggugulo nung wife sa personal life ng lalaki, he decided to get an annulment pero ang ground is psycho incapacity. the annulment didnt mention about child disownment. pupwede pa rin po ba magfile ng petition to question the legitimacy of the child and later on deny fatherhood and disown it?

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attyLLL


moderator
it's too late. he only had one year after the child's birth certificate was registered


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abigail03


Arresto Menor
oh. parang iba iba po ang sabi. last time naginquire din ako personally thru email sa isang pinoy lawyer. he told me 5 years ang deadline from the birth of the child. i had to make sure if tama so i inquired again here. anyway thanks atty. hope you can also reply my other posts here in the thread. :-)

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attyLLL


moderator
i respect the other lawyer's right to render an opinion and perhaps there are other facts which led him to say that. but under the facts given, i am confident of the correctness of my own opinion.


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abigail03


Arresto Menor
thanks atty!

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