EVIDENCE OF

PATERNITY &
FILIATION

AND

NON-CONVENTIONAL
METHODS OF PRO-
CREATION
 Evidence of Paternity & Filiation
LIST OF KEY TOPICS
-Medical Evidences
-Non-medical Evidences

Non-conventional Methods of Procreation

LIST OF KEY TOPICS
-Artificial Insemination
-Status of Child Born by Artificial

Our Insemination
-Consent on A.I.D

Agenda -In Vitro Fertilization

-Status of Child Born by IVF

for Today
 Medical Evidences
1. Parental likeness
Heredity transmits traits and characteristics
from parents to the offsprings. There must be
some gross manifestation of the children which
may be common with the father.

2. Blood grouping test

The fact that the blood type of the child is a
possible product of the parents, does not
conclusively show that the child is born by such
parents. But if the blood type of the parents are
cross-matched, it shows definitely that the child is
not of the husband.
 Medical Evidences
3. Evidences from the mother
a. Proofs of previous delivery- The supposed mother may be
subjected to an examination to determine the presence of signs of
previous childbirth and which are compatible with the age of the
child.

b. Proofs of Physical Potency and Fertility- Fertility may be

inferred from the presence of other pregnancies and the
absence of organic abnormalities of the generative system

c. Proofs of Capacity to have access with the Husband- a

general physical examination of the woman is necessary to
determine whether she is physically capable of having sexual
intercourse with her husband.
 Medical Evidences
3. Evidences from the father

a. Proofs of Physical Potency and Fertility- Medical

Examination must be done whether the husband is capable of
erection.

b. Proofs of access- the physician must determine the health

and vigor of the father, the presence of disease, which may bring
out his incapacity to perform sexual intercourse.
Non- Medical Evidences
1. Record of birth from the local civil registrar, or by
an authentic document or a final judgment. (Art.
265, CC)
2. Continuous possession of a legitimate child(Art 266,
CC)
3. Any other evidences allowed by the Rules of Court
and special laws. (Art. 267, CC)
PATERNITY & FILIATION ON
NON-CONVENTIONAL
METHODS OF PROCREATION
Artificial Is a Medical procedure by which the semen is
introduced into the vagina by means other than
Insemination copulation for purposes of procreation

Classification as to source
1. A.I.H. (Artificial Insemination Homologous,
Artificial Insemination Husband) — When the sperm
comes from the husband.

2. A.I.D. (Artificial Insemination Donor, Artificial

Insemination Heterologous) — When the sperm
comes from a donor other than the husband.

3. A.I.H.D. (Artificial Insemination Husband Donor,

Polled Donor Semen) — When the donor semen
comes from the husband and a third party donor.
Status of the The following may be the possible status of

Child Born by the child born as a consequence of artificial

in- semination :
Artificial
Insemination 1. In A.I.H., there is no doubt that the child is a
legitimate child of the husband because the
semen came from him. No foreign blood is
introduced into the family.

2. In A.I.D., with the consent of the husband,

the child born must also be considered
legitimate although the fertilization semen is
not from the husband. His consent to the
artificial insemination may be considered as a
waiver to the illegitimate status of the child.
Even if the child is considered illegitimate, the
child can be adopted by him making the
child's status legitimate.
Status of the 3. In A.I.D., without the consent or if it is
Child Born by against the will of the husband, the child must

Artificial be considered illegitimate, specifically a child

born because of adultery. This is an intrusion
Insemination into the conjugal home of a foreign element
against the will of the husband.

Consent on A.I.D.

In A.I.D. the consent and release for any future claim must be obtained by
the physician from all parties in writing.
The consent of the wife is necessary to avoid being held liable for an
assault.
The consent of the husband is necessary to avoid the wife being charged
with adultery, or to ward the question of legitimacy of the child, issues of
divorce, separation or inheritance.
 In Vitro
Fertilization
In Vitro Fertilization (test tube baby) is the fertilization of
the egg cell by the sperm cell extracted from the
respective donors placed in an artificial medium and after
reaching a certain stage of cellular division and
development:

1. Implanted into a woman's uterus, or

2. Gestation (development of the embryo to a child) in an

artificial womb.
 PROCEDURE IN IN VITRO FERTILIZATION

The In Vitro Fertilization process begins with injections into the

oocyte (ovum) donor of a hormone known as gonadotropin, which induces
super-ovulation. Approximately 30 hours later, the oocytes are removed from
the ovary by laparoscopy, a surgical procedure accomplished by inserting two
thin glass tubes into the ovary through a small incision in the abdomen. The
removed oocytes are placed in a Petri dish or a test tube containing growth
medium simulating the environment of the woman's body. The medium is
composed of a woman's blood, fluids from her reproductive tract, and
nutrients. The oocytes are then fertilized by a sperm which has been held in
vitro. The resulting conceptus is kept in a moist environment at room
temperature where it divides and grows for a few days until it reaches the
blastocyst stage, the stage at which the embryo normally enters the uterus.
The conceptus is then picked up with a small hollow tube, inserted through
the vagina and cervix into the uterus where it is implanted at a proper time in
the menstrual cycle. After successful transplantation, the woman carried the
blastocyst to term.
 Basis of legality of In Vitro
Fertilization

The constitution provides that "No

person shall be deprived of
life, liberty, or property without due
process of law, nor shall any person be
denied the equal protection of the
laws."
 Status of a child born in
In Vitro Fertilization:
a. Situation 1 — There is no doubt that the child is
legitimate because the wife is genetically and
gestationally the mother and the sperm came from
the husband. In case of situation 5, the child born
must be considered illegitimate in view of the ab-
sence of marriage between the single woman
source of the ovum and the sperm donor.
 Status of a child born in
In Vitro Fertilization:
b. Situation 2 and 3 — Although one of the
elements (ovum or sperm) in the fertilization
process did not come from one of the spouses, the
child may still be legitimate if there is consent of
the sterile party to the in vitro fertilization. If the
child is not considered legitimate, then the process
of adoption may be done.

The status that the child may be a problem may

change if the in vitro fertilization was done with
the knowledge and consent or against the will of
the sterile spouse.
 Status of a child born in
In Vitro Fertilization:
c. Situation 4, 6, 7, 8 and 9 — The genetic parents
are different fron the gestational mother. Adoption
may be a legal remedy provide' there is no
impediment to the application of the procedure,
otherwise a special legislation may be necessary.
Thank you!