Marriage is not only about love, it also carries legal duties and expectations. In the Philippines, one of the most sensitive issues that couples may face is infertility and disagreements about having children. These issues affect both the emotional and legal aspects of marriage.
Infertility in Marriage
Infertility is the inability of a couple to conceive after a certain period of trying. For many couples, this can cause stress, blame, and even conflict.
Under Philippine law, infertility is not, by itself, a ground for annulment or declaration of nullity of marriage. However, there are related provisions in the Family Code:
- Psychological Incapacity (Article 36): If infertility is linked to a spouse’s refusal or inability to fulfill essential marital obligations (for example, abandoning family planning discussions, refusing medical treatment, or emotional withdrawal), it may be considered psychological incapacity.
In the case of Clavecilla v. Clavecilla,1 either spouse, even the allegedly incapacitated one, may file a nullity petition under Article 36. This is because there is no party at fault in case of annulment of marriage based on psychological incapacity.
- Fraud (Article 45): If one spouse hides infertility before marriage, and the other spouse can prove they would not have married had they known, annulment may be filed.
The law recognizes the pain caused by infertility, but it treats it differently depending on the situation.
Disagreements About Children
Children are often called the “foundation of the family,” and the Constitution itself promotes the sanctity of family life. But what happens if couples strongly disagree about having children?
- Essential Obligation of Marriage: Under Article 68 of the Family Code, spouses are obliged to live together, observe mutual love, respect, and fidelity, and “render mutual help and support.” This includes cooperation about decisions on having children.
- Family Planning: The Responsible Parenthood and Reproductive Health Act (RA 10354) encourages couples and individuals to decide freely and responsibly on the number and spacing of children.
Adoption as an Option
The law also recognizes adoption as a legal way to build a family when biological children are not possible. Under the Domestic Adoption Act (RA 8552)2 and the new Domestic Administrative Adoption and Alternative Child Care Act (RA 11642), couples can adopt to fulfill their shared dream of parenthood.
- Clavecilla v. Clavecilla, G.R. No. 228127, March 6, 2023. ↩︎
- Under the Domestic Adoption Act (RA 8552) and Domestic Administrative Adoption and Alternative Child Care Act (11642). ↩︎
