Article 255. Children born after one hundred and eighty days following Art. 166.
166. Legitimacy of a child may be impugned only on the following
the celebration of the marriage, and before three hundred days
following its dissolution or the separation of the spouses shall be
presumed to be legitimate.
Against this presumption no evidence shall be admitted other than that
of the physical impossibility of the husband's having access to his wife
within the first one hundred and twenty days of the three hundred
which preceded the birth of the child.
This physical impossibility may be caused:
(1) By the impotence of the husband;
(2) By the fact that the husband and wife were living separately, in such
a way that access was not possible;
(3) By the serious illness of the husband. (108a)
FC
FAMILY CODE
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 wit 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 registry together with the
birth certificate of the child.
Art 165. Children conceived and born outside a valid marriage are
illegitimate, unless otherwise provided in this Code.
grounds:
(1) That it was physically impossible for the husband to have sexual
intercourse with this wife within the first 120 days of the 300 days
which immediately preceded the birth of the child because of:
(a) the physical incapacity of the husband to have sexual
intercourse with this wife;
(b) the fact that the husband and wife were living separately in
such a way that sexual intercourse was not possible; or
(c) serious illness of the husband, which absolutely prevented
sexual intercourse;
(2) That it is proved that for biological or other scientific reasons, the
child could not have been that of the husband, except in the instance
provided in the second paragraph of Art. 164; or
(3) That in case of children conceived through artificial insemination,
that written authorization or ratification of either parent was obtained
through mistake, fraud, violence, intimidation, or undue influence.
Assisted Reproductive Technology (ART)
ART refers to treatments and procedures that aim to achieve
pregnancy.
These complex procedures may be an option for people who have
already gone through various infertility treatment options but who still
have not achieved pregnancy. Those interested in ART should discuss
the options with their health care provider and may need to consult a
fertility specialis
Intrauterine Insemination (IUI)
Intrauterine (pronounced IN-truh-YOO-tuh-rin) insemination
(pronounced in-sem-uh-NAY-shun) is the placement of a man's sperm
into a woman's uterus using a long, narrow tube similar to a thin
straw.1

More information on IUI includes the following:1
IUI is most effective for treating infertility in:
Women who have scarring or defects of the cervix
Men who have low sperm counts
Men who have sperm with low mobility
Men who cannot get erections
Men who have retrograde ejaculation, a condition in which sperm are
ejaculated into the bladder instead of out of the penis
Couples who have difficulty having intercourse
IUI can be used in combination with medications that stimulate
ovulation. This combination can increase the chance of pregnancy in
some cases.
The success of IUI depends on the cause of the couple's infertility. If
inseminations are performed monthly with fresh or frozen sperm,
success rates can be as high as 20% per cycle. These outcomes depend
on whether fertility medications are used, the age of the female
partner, and the infertility diagnosis, as well as on other factors that
could affect the success of the cycle.
IVF
During IVF, eggs and sperm from the couple are incubated together in
a laboratory to produce an embryo. A health care provider then places
the embryo into the woman's uterus, where it may implant and result
in a successful pregnancy.
The steps of IVF are:2
Superovulation
Egg Retrieval
Fertilization
Embryo Transfer
Superovulation
In this process, also known as ovarian stimulation, ovulation induction,
or stimulation of egg maturation, a woman takes medication to
stimulate the ovaries to make many mature eggs at one time.
These medications are given by injection for 8 to 14 days. A health care
provider closely monitors the development of the eggs using
transvaginal ultrasound and blood tests to assess follicle growth and
estrogen production by the ovaries. When the eggs are mature—as
determined by the size of the ovarian follicles and the level of
estrogen—an injection of the hormone hCG initiates the ovulation
process. A health care provider takes out (egg retrieval) the eggs 34 to
36 hours after the hCG injection.
Egg Retrieval
This is the process used to remove the eggs from the ovaries so they
can be fertilized. The procedure is performed in a physician's office as
an outpatient procedure. A mild sedative and painkiller are often used
during the procedure, and it normally takes about 30 minutes. The
steps for egg retrieval are as follows:
An ultrasound probe is inserted into the vagina to visualize the ovaries
and the follicles, which contain the eggs.
A needle is inserted through the wall of the vagina to the ovaries.
Generally, ultrasound is used to guide the placement of the needle.
Suction is used to pull the eggs from the ovaries into the needle.
Fertilization
A man provides a semen sample. If the sperm are healthy, they are
centrifuged to concentrate them and reduce the volume, placed in a
dish with the egg, and left overnight in an incubator. Fertilization
usually occurs on its own. However, sometimes sperm are not able to
fertilize the egg on their own. When this is the case, a single sperm is
injected into an egg using a needle. This process is called
intracytoplasmic (pronounced IN-truh-sahy-tuh-PLAZ-mick) sperm
injection (ICSI). About 60% of IVF in the Unites States is performed with
ICSI.3 The pregnancy rate is about the same for IVF using natural
fertilization or ICSI.
If sperm cannot fertilize the egg without assistance, couples should
consider genetic testing. This testing can determine whether the sperm
have chromosome problems that might cause development problems
in the resulting embryos.
Embryos that develop from IVF are placed into the uterus 1 to 6 days
after retrieval.
Embryo Transfer
This procedure is performed in a physician's office. The procedure is
normally painless, but some women may experience cramping.
A health care provider inserts a long, thin tube through the vagina and
into the uterus and injects the embryo into the uterus. The embryo
should implant into the lining of the uterus 6 to 10 days after retrieval.
Sometimes the embryos are frozen and thawed at a later date for
embryo transfer. This is often done when fresh embryos fail to implant
or when a woman wants to preserve her eggs in order to become
pregnant years later. Women either time implantation with their
ovulation cycle or receive estrogen and progesterone medications to
prepare their uterine linings for implantation.
SPREM DONATION
When couples do not achieve pregnancy from infertility treatments or
traditional ART, they may choose to use a third party–assisted ART
method to get pregnant.2 Assistance can consist of:
Sperm Donation
Egg Donation
Surrogates and Gestational Carriers
Embryo Donation
Sperm Donation
Couples can opt for donated sperm if a man does not produce sperm,
produces very low numbers of sperm, or has a genetic disease.
Donated sperm can be used with IUI or with IVF.
Egg Donation
This process may be an option when a woman does not produce
healthy eggs that can be fertilized. An egg donor undergoes the
superovulation and egg retrieval steps of IVF. The donated egg can
then be fertilized by sperm from the woman's partner. The resulting
embryo is placed into the woman's uterus, which is receptive for
implantation because of hormone treatments.
Egg donation may be particularly helpful2 for women who:
Have primary ovary insufficiency
Have had chemotherapy or radiation therapy
Have had surgical removal of the ovaries
Were born without ovaries
Are carriers of known genetic diseases
Are infertile because of poor egg quality
Are menopausal
Surrogates and Gestational Carriers
If a woman is unable to carry a pregnancy to term, she and her partner
may choose a surrogate or gestational carrier.
A surrogate is a woman inseminated with sperm from the male partner
of the couple. The resulting child will be biologically related to the
surrogate and to the male partner. Surrogacy can be used when the
female of the couple does not produce healthy eggs that can be
fertilized.
A gestational carrier is implanted with an embryo that is not
biologically related to her. This alternative can be used when a woman
produces healthy eggs but is unable to carry a pregnancy to term. If
needed, egg or sperm donation can also be used in this situation.

Embryo Donation
Embryo donation, sometimes called embryo adoption, allows the
recipient mother to experience pregnancy and give birth to her
adopted child. Couples who have undergone IVF and completed their
families sometimes choose to donate their remaining embryos. An
embryo donation agency, such as the National Embryo Donation
CenterExternal Web Site Policy, stores these frozen embryos and
mediates adoption with the recipient woman or
couple.Communication between the donating and adoptive couple can
range from anonymous to a fully open relationship.
Reasons a woman may choose embryo adoption include:
She or her partner is infertile and looking for alternatives to other ART.
IVF has repeatedly failed.
She or her partner is concerned about or at high risk for passing on
genetic disorders.
The donated embryo is transferred to the recipient's uterus. According
to CDC, 50% of transfers with donated frozen embryos result in
pregnancy, and 40% result in a live birth.4
PROVISIONS ON MODULE 6: PREGNANCY AND ABORTION
1987 CONSTITUTION
ARTICLE II. Section 12. The State recognizes the sanctity of family life
and shall protect and strengthen the family as a basic autonomous
social institution. It shall equally protect the life of the mother and the
life of the unborn from conception. The natural and primary right and
duty of parents in the rearing of the youth for civic efficiency and the
development of moral character shall receive the support of the
Government.
RPC Art. 83. Suspension of the execution of the death sentence. — The
death sentence shall not be inflicted upon a woman within the three
years next following the date of the sentence or while she is pregnant,
nor upon any person over seventy years of age. In this last case, the
death sentence shall be commuted to the penalty of reclusion
perpetua with the accessory penalties provided in Article 40.
RPC Art. 351. Premature marriages. — Any widow who shall marry
within three hundred and one day from the date of the death of her
husband, or before having delivered if she shall have been pregnant at
the time of his death, shall be punished by arresto mayor and a fine not
exceeding 500 pesos.
The same penalties shall be imposed upon any woman whose marriage
shall have been annulled or dissolved, if she shall marry before her
delivery or before the expiration of the period of three hundred and
one day after the legal separation.
RPC Art. 256. Intentional abortion. — Any person who shall
intentionally cause an abortion shall suffer:
1. The penalty of reclusion temporal, if he shall use any violence upon
the person of the pregnant woman.
2. The penalty of prision mayor if, without using violence, he shall act
without the consent of the woman.
3. The penalty of prision correccional in its medium and maximum
periods, if the woman shall have consented.
RPC Art. 257. Unintentional abortion. — The penalty of prision
correccional in its minimum and medium period shall be imposed upon
any person who shall cause an abortion by violence, but
unintentionally.
RPC Art. 258. Abortion practiced by the woman herself of by her
parents. — The penalty of prision correccional in its medium and
maximum periods shall be imposed upon a woman who shall practice
abortion upon herself or shall consent that any other person should do
so.
Any woman who shall commit this offense to conceal her dishonor,
shall suffer the penalty of prision correccional in its minimum and
medium periods.
If this crime be committed by the parents of the pregnant woman or
either of them, and they act with the consent of said woman for the
purpose of concealing her dishonor, the offenders shall suffer the
penalty of prision correccional in its medium and maximum periods.
RPC Art. 259. Abortion practiced by a physician or midwife and
dispensing of abortives. — The penalties provided in Article 256 shall
be imposed in its maximum period, respectively, upon any physician or
midwife who, taking advantage of their scientific knowledge or skill,
shall cause an abortion or assist in causing the same.
Any pharmacist who, without the proper prescription from a physician,
shall dispense any abortive shall suffer arresto mayor and a fine not
exceeding 1,000 pesos.
CIVIL CODE:
Article 40. Birth determines personality; but the conceived child shall
be considered born for all purposes that are favorable to it, provided it
be born later with the conditions specified in the following article. (29a)
Article 41. For civil purposes, the foetus is considered born if it is alive
at the time it is completely delivered from the mother's womb.
However, if the foetus had an intra-uterine life of less than seven
months, it is not deemed born if it dies within twenty-four hours after
its complete delivery from the maternal womb. (30a)
Article 742. Donations made to conceived and unborn children may be
accepted by those persons who would legally represent them if they
were already born. (627)
Article 1025. In order to be capacitated to inherit, the heir, devisee or
legatee must be living at the moment the succession opens, except in
case of representation, when it is proper.
A child already conceived at the time of the death of the decedent is
capable of succeeding provided it be born later under the conditions
prescribed in article 41. (n)
Abortion Procedures During First, Second And Third Trimester
The type of abortion procedure used in elective pregnancy termination
is primarily determined by how far a woman is into pregnancy. During
the first trimester, you will usually have the option of having a medical
abortion procedure or a surgical abortion procedure. Before
considering the options, it is recommended that you obtain a
sonogram to determine if the pregnancy is viable (uterine, non-ectopic
pregnancy) and for accurate pregnancy dating.
Need to Talk About Your Options?
For information about abortion you may call the APA toll-free helpline
at 1-800-672-2296, or search locally by zip code below.
Find a Abortion Alternative Specialist in your area
Enter zip code
What abortion procedures are used during the first trimester?
In most cases, you will have a choice between medical or surgical
abortion procedures during the first trimester. Medical abortions are
only available up through nine weeks gestation.
The types of abortion procedures performed during the first trimester
are:
Methotrexate & Misoprostol (MTX): a medical abortion procedure
used up to the first seven weeks of pregnancy. This medication
combination is not as commonly used in the U.S. with the availability
of mifepristone, which works more effectively for this use.
Mifepristone and Misoprostol: a medical abortion procedure used up
to the first seven to nine weeks of pregnancy. It can also be referred to
as RU-486, the abortion pill, and mifeprex.
Manual Vacuum Aspiration (MVA): a procedure used as early as 3 -12
weeks since the last period. Considered less invasive with only a local
anesthesia being used on the cervix.
Aspiration: a surgical abortion procedure used to terminate pregnancy
up to 16 weeks from the last period. It can also be referred to as suction
curettage, dilation and curettage (D & C) or vacuum aspiration.
What abortion procedures are used during the second trimester?
Medication-based abortion procedures are not an option during the
second trimester.
Dilation and Extraction: a surgical abortion procedure used to
terminate a pregnancy after 21 weeks of gestation. This procedure is
also known as D & X, Intact D & X, Intrauterine Cranial Decompression
and Partial Birth Abortion.

The types of abortion procedures performed during the second

trimester are:

Dilation & Curettage (D & C): a surgical abortion procedure used to

terminate a pregnancy up to 16 weeks gestation. It is also referred to
as suction curettage or vacuum aspiration.
Dilation & Evacuation (D & E): a surgical abortion procedure used to
terminate a pregnancy after 16 weeks gestation.
Induction Abortion: a rarely performed surgical procedure where salt
water, urea, or potassium chloride is injected into the amniotic sac;
prostaglandins are inserted into the vagina, and pitocin is injected
intravenously.
What abortion procedures are used during the third trimester?
Third trimester or late term abortions are not legal in a number of
states except in certain medical situations. The time frame referred to
as late term is often based on when a baby is considered “viable” (able
to survive outside the womb). However, the point of “viability” is a grey
area in many medical communities. Most medical communities
establish 24 weeks gestation, the later part of the second trimester, as
the earliest time of viability. Therefore, the availability of any
procedure used in the third trimester is based on the laws of that state.

The procedures that can be done in the third trimester include:

Induction Abortion: a rarely done surgical procedure where salt water,

urea, or potassium chloride is injected into the amniotic sac;
prostaglandins are inserted into the vagina and pitocin is injected
intravenously.