cuckoo in the nest
For those who aren't familiar with the cuckoo bird, the cuckoo lays its eggs in the nest of other birds of a different specie. The nest-owner then gets the impression that the egg and the hatchling is its own young and treats it as such, divesting the cuckoo of responsibility of rearing its chick.
Taken as a whole, Family law is quite peculiar. For instance, an adultress cannot claim that her child was fathered by a man other than her husband. Even if in fact the baby is her paramour's. That goes for anyone including her wronged husband. He cannot repudiate the child as not his own.
Moreover, as long as a couple is legally married, the children born of the wife is automatically the husband's legitimate child. This holds true even if the husband is sick (short of incapacitated to sire a child) or separated by great distance.
For example, if a poor OFW (overseas Filipino worker) is gone for five or seven years from his wife and returns to discover that she has a baby in the time he was absent, that child is still, in the eyes of the law, his. Even if it was impossible for him to impregnate her.
The same is true even if the couple is separated de facto. The law doesn't care how many boyfriends or girlfriends the parties have. The child delivered by the wife is still the husband's.
It actually gets worse. Our law follows the model of legitimes. In short, heirs cannot be precluded from inheriting unless for cause that has to be brought before a court. Considering the baby cuckoo is, for all intents and purposes, a legitimate child, he cannot be excluded from inheriting from the poor husband even if he is not his father.
Not even science can come to the rescue so forget CSI. The Philippines, to date, still does not acknowledge DNA as a means to determine paternity. Simply because the technology prevalent in the country today is only molecular, not nuclear, DNA testing.
So, guys, be very smart when you pick a wife. She's got the game rigged in her favor.
Taken as a whole, Family law is quite peculiar. For instance, an adultress cannot claim that her child was fathered by a man other than her husband. Even if in fact the baby is her paramour's. That goes for anyone including her wronged husband. He cannot repudiate the child as not his own.
Moreover, as long as a couple is legally married, the children born of the wife is automatically the husband's legitimate child. This holds true even if the husband is sick (short of incapacitated to sire a child) or separated by great distance.
For example, if a poor OFW (overseas Filipino worker) is gone for five or seven years from his wife and returns to discover that she has a baby in the time he was absent, that child is still, in the eyes of the law, his. Even if it was impossible for him to impregnate her.
The same is true even if the couple is separated de facto. The law doesn't care how many boyfriends or girlfriends the parties have. The child delivered by the wife is still the husband's.
It actually gets worse. Our law follows the model of legitimes. In short, heirs cannot be precluded from inheriting unless for cause that has to be brought before a court. Considering the baby cuckoo is, for all intents and purposes, a legitimate child, he cannot be excluded from inheriting from the poor husband even if he is not his father.
Not even science can come to the rescue so forget CSI. The Philippines, to date, still does not acknowledge DNA as a means to determine paternity. Simply because the technology prevalent in the country today is only molecular, not nuclear, DNA testing.
So, guys, be very smart when you pick a wife. She's got the game rigged in her favor.