What is an Affidavit of Legitimation, and how can it be obtained?

In the Philippines, an Affidavit of Legitimation is a legal document used to declare the legitimation of a child born out of wedlock. Legitimation is the process by which a child born to parents who were not legally married at the time of the child's birth can be granted the same rights as those of a child born to married parents. This process is governed by the Family Code of the Philippines.

Requirements for Legitimation

For a child to be legitimated in the Philippines, the following conditions must be met:

The child must be born to parents who were not married to each other at the time of the child’s birth.
The parents must have been free to marry each other at the time of the child's conception. This means that neither parent was married to another person at that time.
The parents must subsequently marry each other. This marriage automatically legitimizes the child, provided the child was born before the parents' marriage.

Steps to Obtain an Affidavit of Legitimation

Prepare the Affidavit of Legitimation: This affidavit must be executed by the parents of the child. It typically contains a statement declaring that the child was born out of wedlock, that the parents were legally free to marry at the time of the child's conception, and that they subsequently married each other, thereby legitimizing the child.
Notarization: The affidavit must be notarized to be legally binding. This involves signing the affidavit in front of a notary public, who will then affix their seal and signature.
Submit the Affidavit to the Local Civil Registrar: The notarized affidavit should be submitted to the Local Civil Registrar where the child’s birth was originally registered. This is to amend the birth record of the child to reflect their legitimation.
Update the Birth Certificate: Once the affidavit is processed, the child’s birth certificate will be updated to indicate that the child is legitimate. The child’s surname will also be updated to reflect that of the father, if it hasn’t been done already.

Where to Obtain the Affidavit

An Affidavit of Legitimation can be prepared by a lawyer or obtained from a legal document service provider. The document must be carefully drafted to ensure it meets the legal requirements and accurately reflects the parents' circumstances and intentions.

Importance of Legitimation

Legitimation provides the child with all the legal rights of a legitimate child, including inheritance rights and the right to use the father's surname. It is a crucial step for parents who were not married at the time of their child's birth but have since married and wish to secure their child's legal status.

Conclusion

Legitimation through an Affidavit of Legitimation is a vital process for ensuring that a child born out of wedlock is afforded the same rights as any other legitimate child. It is a straightforward process but must be carried out correctly to ensure that the child’s legal status is fully recognized in the Philippines.