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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

Tess, an unmarried mother, gives birth to Ari in 2013. In 2014, the alleged father, Rafael, signs a sworn Declaration of Paternity before a notary, acknowledging Ari as his child; the declaration is filed with the local Civil Registrar and Ari’s birth certificate lists Rafael as father. In 2016, Tess marries Jon (not Rafael). In 2021, Rafael dies intestate. Tess seeks to determine Ari’s status and Ari’s rights to Rafael’s estate.

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Yes. Once paternity is established by the Declaration of Paternity, Ari’s status is fixed regardless of later events, and Ari can invoke inheritance rights as Rafael’s child even after Rafael’s death. Yes. The acknowledgment establishes Ari’s filiation, but Rafael’s death means Ari’s inheritance rights depend on whether Rafael left a surviving spouse; Ari’s claim would be limited to the legitime if a spouse exists. Yes. The paternity acknowledgment establishes Ari’s filiation, and Tess’s marriage to Jon automatically legitimizes Ari as Rafael’s child for all purposes, including inheritance rights. Yes. The voluntary paternity acknowledgment signed before a notary and filed with the local Civil Registrar establishes Ari’s filiation with Rafael; Ari is a compulsory heir in Rafael’s intestate estate; Tess’s later marriage to Jon does not affect this filiation or Ari’s inheritance rights.

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