The action to challenge the presumption of paternity or maternity by the legal father or mother shall be filed within a prescriptive term of six months from the date that he/she learns of the inaccuracy of the filiation or from the date of approval of this act, whichever is later. However, the legal father or mother shall not have cause of action to challenge the presumption when, even after being aware of the inaccuracy of the filiation by means of paternity test conducted by a laboratory, voluntarily agrees to register the birth of the minor in the Vital Statistics Register. This term shall neither apply in cases of adoption.
The action to challenge the presumption of paternity or maternity by the biological father or mother, as well as by the legal mother, shall be filed within a prescriptive term of one year counted from the date the birth of the child is registered in the Vital Statistics Registry.
When the action to challenge involves a child that has not reached legal age, the court shall safeguard the priority interest of the state to protect children over the interest of the presumed father or the presumed mother to conform legal reality to biological reality.
History —Civil Code, 1930, § 117; Dec. 29, 2009, No. 215, § 5, eff. 30 days after Dec. 29. 2009; Dec. 16, 2011, No. 245, § 1.