Ex-lover cannot demand exercise of parental rights over his child
"I have a child with my ex-boyfriend who refused to take responsibility for my pregnancy. During that time, I married another man who accepted me despite my situation. After a month of giving birth, my ex-boyfriend showed up and is now claiming my child as his. Does he have the right to see my child and act as if he is the father?Carla
Dear Carla,Your ex-boyfriend has definitely the right to see your child and act like he is the father because he is in fact, as you have stated, the father of your child. He may exercise parental authority even if he has not signed the birth certificate of your child considering that acknowledgement of illegitimacy may be done after registration of birth.
However, based on the narration of your problem, we are afraid that your husband has claimed your child with your ex-boyfriend as his in your childs birth certificate. Your husband cannot make such declaration because he is really not the biological father. By doing this, he may be held liable for violation of Article 347 of the Revised Penal Code on the crime of simulation of birth. The crime of simulation of birth certificate takes place when false civil status is created or any trace of the filiation of the child is lost.Nonetheless, even if you and your husband simulated the birth certificate of your child, your ex-boyfriend cannot contest the status of legitimacy of the child. A child is said to be legitimate if he was conceived or born during the marriage of his parents. The status shall remain legitimate although the mother may have declared against its legitimacy or may have been sentenced as an adulteress unless the same has been impugned. Under the Family Code, the right to impugn legitimacy is only granted to the husband or to his heirs in the following instances: (1) if the husband should die before the expiration of the period fixed for bringing his action (2) if he should file after the filing of the complaint without having desisted therefrom or (3) If the child was born after the death of the husband (Articles 164, 167, 171 of the Family Code).
Thus, the child shall remain your legitimate child with your husband even if both of you would be adjudged liable for simulation of birth as long as the latter would not impugn said legitimacy. In such an instance, your ex-boyfriend cannot demand the exercise of parental rights over his child. Please be reminded that the above legal opinion is solely based on our appreciation of the facts that you have stated in your problem. The opinion may vary when the facts stated therein are added or elaborated.
Editors note: Dear PAO is a daily column of the Public Attorneys Office. Questions for Chief Acosta may be sent to email@example.com"
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"Ex-lover cannot demand exercise of parental rights over his child"
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comments. The article was created on 15 September 2021
and updated on 15 September 2021