Civil Law Question: VI

Gigolo entered into an agreement with Majorette for her to carry in her womb his baby via in vitro fertilization. Gigolo undertook to underwrite Majorette’s pre-natal expenses as well as those attendant to her delivery. Gigolo would thereafter pay Majorette P2 million and, in return, she would give custody of the baby to him.

After Majorette gives birth and delivers the baby to Gigolo following her receipt of P2 million, she engages your services as her lawyer to regain custody of the baby.

  1. What legal action can you file on behalf of Majorette? Explain. (2.5%)

  2. Can Gigolo demand from Majorette the return of the P2 million if he returns the baby? Explain. (2.5%)

  3. Who of the two can exercise parental authority over the child? Explain. (2.5%)

  4. Is the child entitled to support and inheritance from Gigolo? Explain. (2.5%)

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