ii. Grounds to Impugn Legitimacy

Grounds to Impugn the Legitimacy of the Child (Art. 166) (Exclusive List) (PBA)

• It was Physically impossible for the husband to have sexual intercourse with his wife within the first 120 days of the 300 days which immediately preceded the birth of the child because of:
• Physical incapacity of the husband to have sexual intercourse with his wife
• Fact that the husband and wife were living separately in such a way that sexual intercourse was not possible, or
• Serious illness of the husband which absolutely prevented intercourse
• If it is proven that for Biological or other scientific reasons, the child could not have been that of the husband, except in the case of children conceived through artificial insemination
• In case of children conceived through Artificial insemination, when the written authorization or ratification of either parent was obtained through mistake, fraud, violence, intimidation, or undue influence. (Note: This assumes that there was written authorization)