Result of DNA test on baby annuls marriage of couple
BACOLOD CITY -- Due to fraud committed by the wife in getting her overseas worker husband to marry her, Bacolod Regional Trial Court Judge Ray Alan Drilon has ordered the annulment of the marriage of a Negrense couple.
Proof the fraud was the result of the DNA test showing that the child born by the wife was not the biological offspring of her husband.
Judge Drilon thus ordered the Civil Registrar to change the surname of the child to the mother’s maiden name and remove the name of the plaintiff as father of the child.
Facts of the case revealed that complainant was working as an electronics engineer in the United Arab Emirates and on his return to the Philippines in 2001, his girlfriend of 10 years with whom he had sex, showed him a ‘positive’ pregnancy test result.
He felt very happy when he heard the news and with that, he offered marriage to his girlfriend and was realized.
The man later went to Saudi Arabia to work and five months after his wife gave birth to a baby girl.
The said situation puzzled him knowing that it was only five months and not nine months or did not reach the full term pregnancy, but his wife explained to him that the baby was born prematurely.
Because of his love, he believed on her until he discovered the medical records of the child showing that there was no premature delivery of the baby girl, it was normal.
Meaning, the wife was already four months pregnant when he revealed her pregnancy, maybe according to him using the ties of marriage as a tool to conceal everything.
During the hearing, the husband sadly told the court that his wife was pregnant by another man at the time of the marriage and the act of concealment constitutes fraud which is a legal ground for the annulment of marriage.
To test the authenticity of the complaint, DNA testing was administered on the mother and it showed that there are no matches that would indicate that he is the father of the child.
“This is one marriage, which failed because of deceit and concealment by the wife, regarding the paternity of the child, which she delivered after the marriage. There is no question that defendant spouse was impregnated by a man other than her husband, and she made her husband believe that he was the father,” the decision stated.
“A marriage may be annulled when the consent of either party was obtained by fraud. Concealment by the wife of the fact that at the time of the marriage she was pregnant by another man, not her husband, constitutes fraud.
Marriage tainted by concealment and deceit committed by the wife made the court uphold the cause of the plaintiff.
The family court judge ruled that the marriage of the couple was null and void.