Section 1538.- In case of the marriage of the man or woman having been made against Section 1452, a child born during the such marriage shall be presumed to be the legitimate child of the husband who has last marriage entered into the Marriage Register.

In case of the woman has made the marriage against Section 1452, the presumption in Section 1536 shall apply provided that there is the final judgment pronouncing that the child is not the legitimate child of the husband who has last marriage entered into the Marriage Register.

The provisions of paragraph one shall apply to the child born within three hundred and ten days from the date of the final judgment pronouncing the void of the marriage made against Section 1452.

 

Section 1539.- In case where the child is presumed to be the legitimate child of the husband or the man who used to be the husband under Section 1536, Section 1537 or Section 1538, the husband or the man who used to be the husband may repudiate the child by entering an action in Court against the child and the mother jointly, and providing that he did not cohabit with the mother of the child during the period of conception, that is to say, the period extending from the one hundred and eightieth day to the three hundred and tenth day inclusive, prior to the birth of the child, or that he could not have been the father of the child on other grounds of impossibility.

In case the mother of the child is not alive at the time of entering the action, the action may be brought against only the child. Where the child is not alive irrespective of whether the mother of the child is alive or not, the Court may be requested to declare that the child is not his legitimate child. In case where the mother of the child or the heir of the child is still alive, the Court shall send a copy of the request to the said person and may, if it is proper, send also a copy of the request to the Public Prosecutor for consideration of preceding the case on behalf of the child.

 

Section 1540.- (Repealed)

 

Section 1541.- An action for repudiation of a child cannot be entered by the husband or the man used to be the husband if it appears that the latter causes to have the birth of the child entered in the Birth Register as his legitimate child or arranges or agrees to have it entered on the Birth Register.

 

Section 1542.- An action for repudiation of a child shall be entered by the man who is or used to be the husband within one year after the birth of the child. In any case no such action can be entered later than ten years after the birth of the child.

In case where there is a judgment pronouncing that the child is not the legitimate child of the new husband under Section 1537 or of the husband in the last marriage under Section 1538, if the husband or the man who used to be the husband and is presumed by Section 1536 to be the father of the child, he shall enter the action within one year since the final judgment became known to him.

 

Section 1543.- In case where the man being or used to be the husband who has entered an action for repudiation of the child died before the case becoming final, a person who has the right of inheritance together with the child or a person whose right of inheritance would be deprived on account of the birth of the child, may file a motion to substitute himself or may be summoned to substitute for the deceased.