Gianna was born to Andy and Aimee, who at the time of Gianna’s birth were not married to each other. While Andy was single at that time, Aimee was still in the process of securing a judicial declaration of nullity on her marriage to her ex-husband. Gianna’s birth certificate, which was signed by both Andy and Aimee, registered the status of Gianna as “legitimate”, her surname carrying that of Andy’s, and that her parents were married to each other.
a) Can a judicial action for correction of entries in Gianna’s birth certificate be successfully maintained to:
i) Change her status from “legitimate” to “illegitimate” (1%); and
ii) Change her surname from that of Andy’s to Aimee’s maiden surname? (1%)
b) Instead of a judicial action, can administrative proceedings be brought for the purpose of making the above corrections? (2%)
c) Assuming that Aimee is successful in declaring her former marriage void, and Andy and Aimee subsequently married each other, would Gianna be legitimated? (1%)
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