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impugn Paternity and filiation

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1 impugn Paternity and filiation on Thu Feb 19, 2015 12:21 am

peter65


Arresto Menor
Hello
can someone help us regarding the following matter


I have a very practical question. I'm french nationality, my filipina girlfriend is still married in the Philippines and she is living in Europe since 3 years. In facts there is already 5 years that she is living separetly with her husband
As we intend to have a baby together,  can I recognize the child as mine according to the articles of the family code of the Philippines hereunder:

Art. 166. Legitimacy of a child may be impugned only on the following grounds:
(1) That it was physically impossible for the husband to have sexual intercourse with his wife within the first 120 days of the 300 days which immediately preceded the birth of the child because of:
(b) the fact that the husband and wife were living separately in such a way that sexual intercourse was not possible; "


Meaning that i don't have to start any procedure impugning the "automatic" paternity, of her still husband, in the Philippines and give directly the french nationality according to french laws ?

thank you by advance
best regards

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2 Re: impugn Paternity and filiation on Thu Feb 19, 2015 4:28 am

council


Reclusion Perpetua
peter65 wrote:Hello
can someone help us regarding the following matter


I have a very practical question. I'm french nationality, my filipina girlfriend is still married in the Philippines and she is living in Europe since 3 years. In facts there is already 5 years that she is living separetly with her husband
As we intend to have a baby together,  can I recognize the child as mine according to the articles of the family code of the Philippines hereunder:

Art. 166. Legitimacy of a child may be impugned only on the following grounds:
(1) That it was physically impossible for the husband to have sexual intercourse with his wife within the first 120 days of the 300 days which immediately preceded the birth of the child because of:
(b) the fact that the husband and wife were living separately in such a way that sexual intercourse was not possible; "


Meaning that i don't have to start any procedure impugning the "automatic" paternity, of her still husband, in the Philippines and give directly the french nationality according to french laws ?

thank you by advance
best regards

Perhaps you could ask this question in the FAMILY AND MARRIAGE sub-forum where it could get more answers, since this area is for LABOR AND EMPLOYMENT questions.

View user profile http://www.councilviews.com

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