For Him — Children from a Relationship with a Married Woman

Posted by Saucy Sexy on November 22nd, 2006 filed in Mixing Sexes |

Gentlemen, FYI, any children you may father biologically with your partner, who happens to be married, will be considered, under the Philippine law, as legal children of the husband.

Not even if you can prove that you are the father via a DNA test. Not even if you can prove that the husband and wife were already separated. Not even if you can prove that they were physically apart during the conception. Not even if you can prove that he is impotent.

Only the husband may impugn this legal relationship. Not you or the legal wife. And it must be done so within a year from the birth or one year from the time of the legal husband’s knowledge about the child’s existence.

For example, the two of you are OFWs who decided to have an affair, which resulted in the birth of a child. Even if it’s so obvious from studying the dates and geography alone that the biological father can only be you, the child will still be considered as the legal offspring of the husband.

If the husband and wife decide to work out their marriage even if she had an affair, this will mean that if you request for visitation rights with the child, the husband, since he is considered the legal father, may refuse all access to the child, and he is within his legal rights to do so.

Another example, a husband and wife separated. You and the wife have been together for more than 15 years, a relationship that produced three children. Under the law, these three children’s father is the husband. Not you.

Only the husband may impugn the relationship in a legal document that basically declares, “These are not my children.”

Hopefully, if the wife and husband’s relationship is civil, maybe he can be requested to do so with the birth of each child, which will pave the way for your adoption of your own biological children, which will ensure your rights as a legal parent and their rights to your property as legal children in the event that you pass away.

If not, make sure to write a will that may be executed, giving your biological but illegitimate children any property that you wish, which will be limited if you have any legal children from a previous relationship.

It would be best to consult with a lawyer if you have any concerns. This post was based on an interesting conversation with a law student regarding this particular law.

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