Birth Certificate Acknowledgment and Legitimacy in the Philippines

Query: Pag inacknowledge po ba sa birth certificate, considered pa din po ba as illegitimate or legitimate? Ano po ba ilalagay ko sa birth legitimacy if ganun po?

In the Philippines, the legitimacy of a child is determined by the marital status of the parents at the time of the child's birth. The acknowledgment of a child in the birth certificate does not change the status of legitimacy but is important for other legal purposes.

Legitimate Children

A child is considered legitimate if:

1. The child is born to parents who are legally married to each other.
2. The child is conceived or born within a valid marriage.

Illegitimate Children

A child is considered illegitimate if:

1. The child is born to parents who are not legally married to each other.
2. The child is born to parents whose marriage is void from the beginning.

Acknowledgment and Its Effects

Acknowledgment refers to the recognition by a father of his paternity over a child. While acknowledgment is important for establishing paternal recognition and providing certain rights and benefits to the child, it does not alter the child's status from illegitimate to legitimate. An acknowledged illegitimate child remains illegitimate.

When a father acknowledges an illegitimate child, this is usually indicated in the birth certificate. The child will still carry the mother's surname unless the father and mother agree to have the child use the father's surname as per Republic Act No. 9255, which allows illegitimate children to use their father's surname if acknowledged by the father.

Legitimacy Status on Birth Certificate

When filling out the birth certificate, the legitimacy status of the child must be accurately indicated:

1. If the parents are married at the time of the child's birth, the child is legitimate, and this should be reflected on the birth certificate.
2. If the parents are not married, the child is illegitimate, and this should be reflected on the birth certificate, even if the father acknowledges the child.

Legal Implications of Acknowledgment

Acknowledgment has several legal implications, including:

1. Inheritance Rights: An acknowledged illegitimate child has the right to inherit from the father, though the share is typically less than that of legitimate children.
2. Support: An acknowledged child is entitled to financial support from the father.
3. Use of Surname: An acknowledged child may use the father's surname if both parents agree.

Conclusion

Acknowledging a child on the birth certificate is crucial for establishing the father-child relationship and ensuring the child's rights to support and inheritance. However, acknowledgment does not change the legitimacy status of the child. The birth certificate must reflect the true marital status of the parents at the time of the child's birth to determine legitimacy accurately.