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Baby after Annoulment

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1 Baby after Annoulment on Thu May 21, 2015 1:54 pm


Arresto Menor

Iam from Germany and I hope you can help me.

My fiancee has successful done her annulment in December 2014.

The certificate of finality is done in march 2015.
Now she is pregnant and the birth will be on the end of September.

Is it true that if the baby is born in less then 300 days after the annulment the ex-husband will be still the father in the view of the law ?
I am the real father of the unborn baby.

In case that the law is seeing the ex-husband as the father how we can convince the government that I am the real father ?
The ex-husband is abandoned for many years.
The court tried to contact him during the annulment but he never answered.

respectfully yours

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2 Re: Baby after Annoulment on Thu May 21, 2015 6:20 pm


Reclusion Perpetua
article 54, family code..

Art. 54. Children conceived or born before the judgment of annulment or absolute nullity of the marriage under Article 36 has become final and executory shall be considered legitimate. Children conceived or born of the subsequent marriage under Article 53 shall likewise be legitimate.

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3 Re: Baby after Annoulment on Thu May 21, 2015 7:56 pm


Arresto Menor
Thanks for the answer !

I asked my question because a lady in the German embassy mentioned that 300 days.
She said that if the baby is born before 300days after the anulment the ex-husband is still the father

I checked now myself the family law of the Philippines and I found the
The legitimacy or illegitimacy of a child born after three hundred days following the termination of the marriage shall be proved by whoever alleges such legitimacy or illegitimacy ( 261a)

I have to admit it is not easy for me to read like that law texts but in my view it sounds not like the ex is the father .
No it sounds like it have to be proved .
Or have I understood it wrong ?

salamat po !

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4 Re: Baby after Annoulment on Thu May 21, 2015 8:57 pm


Reclusion Perpetua
it means,
if they want to prove that ur child is illegitimate he need to prove it.
for you you just need to marry mother( legitimate), under marriage,
no mention about being not ur child..

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