LEGITIMATE CHILD

Art. 164. Children conceived or born during the marriage of the parents
are legitimate.

Children conceived as a result of artificial insemination of the wife

with the sperm of the husband or that of a donor or both are likewise legitimate
children of the husband and his wife, provided, that both of them
authorized or ratified such insemination in a written instrument executed
and signed by them before the birth of the child. The instrument shall be
recorded in the civil.

Valid Marriage & Voidable Marriage

Art. 54. Children conceived or born before the judgment

of annulment or absolute nullity of the marriage under
Article 36 has become final and executory shall be considered
legitimate. Children conceived or born of the subsequent
marriage under Article 53 shall likewise be legitimate.”

1. Artificial insemination is the deliberate introduction of sperm into a female's

cervix or uterine cavity for the purpose of achieving a pregnancy through in vivo
fertilization by means other than sexual intercourse.

It involves direct insertion of semen into a woman's womb.

2. in vitro fertilization (IVF), Surrogacy: How does a surrogate mother work? –

Gestational surrogates.
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A technique called "in vitro fertilization" (IVF) now makes it possible to gather eggs from
the mother, fertilize them with sperm from the father, and place the embryo into the
uterus of a gestational surrogate. The surrogate then carries the baby until birth.

in vitro fertilization (IVF), a medical procedure wherein an egg cell is retrieved from the
biological mother’s ovaries to be fertilized with the sperm cell of the biological father in a
laboratory dish.

Can a surrogate mother decide to keep the baby?

While a surrogate has rights, the right to keep the child is not one of them. Once legal
parenthood is established, the surrogate has no legal rights to the child and she
cannot claim to be the legal mother.
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