The heirs of any person entitled to challenge the presumption of paternity or maternity may only challenge the legitimacy of the child in the following instances:
(1) If the person entitled to challenge has died before the expiration of the period fixed for initiating his/her action in court.
(2) If he/she shall have died after filing his/her action without having desisted from it.
(3) If the child was born after the death of the husband.
History —Civil Code, 1930, § 116; Dec. 29, 2009, No. 215, § 4, eff. 30 days after Dec. 29. 2009.