Topic: Legitimation
Legitimation is a legal process in the Philippines that allows for the change of status of a child from being illegitimate to legitimate. This process is especially significant in a country where family and marital laws are deeply influenced by cultural and religious beliefs. Legitimation can only occur under specific circumstances, primarily when the parents of the illegitimate child marry after the child's birth.
Applicable Laws: The Family Code of the Philippines (Executive Order No. 209 as amended by Republic Act No. 9255) and relevant circulars from the Philippine Statistics Authority (PSA).
Understanding Legitimation
Legitimation is a remedy provided by Philippine law to allow children born out of wedlock to enjoy the same rights as those born to parents who are legally married. It covers various aspects, including civil status, succession rights, and the use of the surname of the father. This process is governed by the Family Code of the Philippines and implemented through specific procedures that involve the Philippine Statistics Authority (PSA) and the Local Civil Registrar.
Eligibility for Legitimation
- Parents' Marital Status: At the time of the child's birth, the parents must not have been disqualified by any legal impediment to marry each other.
- Subsequent Valid Marriage: The parents must marry each other after the child's birth.
Legal Effects of Legitimation
- Change of Status: The child's status is changed from illegitimate to legitimate.
- Use of Father's Surname: The legitimated child can use the father's surname.
- Succession Rights: Legitimation grants the child the same rights to parental inheritance as a legitimate child.
Process of Legitimation
- Filing of the Application: The application for legitimation is filed at the Local Civil Registrar's office where the birth of the child was registered.
- Requirements: Submission of the Certificate of Live Birth of the child, marriage certificate of the parents, and a valid ID for both parents.
- Annotation on the Birth Certificate: Once the legitimation process is completed, an annotation is made on the child’s birth certificate to indicate the change of status.
Legitimation by Subsequent Marriage
This is the primary method of legitimation. It requires that the parents marry each other after the birth of their child, thereby providing the child with a legitimate status.
Role of the Philippine Statistics Authority (PSA)
The PSA plays a crucial role in the legitimation process, primarily through the issuance of the annotated birth certificate once legitimation is processed and approved. It ensures that all records are updated to reflect the child's new status.
Frequently Asked Questions
Q: Can legitimation be processed directly through the PSA?
A: No, the process begins at the Local Civil Registrar where the child’s birth was registered. The PSA is involved in issuing the final annotated birth certificate.
Q: Is legitimation possible if the parents do not marry?
A: No, legitimation requires that the parents marry each other.
Q: Are there any children who cannot be legitimated?
A: Yes, children whose parents were not free to marry at the time of the child's birth are not eligible for legitimation.
Q: How does legitimation affect child support?
A: Legitimation does not directly affect the obligation for child support, as this obligation exists regardless of the child's legitimacy status. However, it may have implications on the amount and enforcement of support.
Q: Does legitimation affect the nationality or citizenship of the child?
A: No, legitimation does not change the child’s nationality or citizenship.
Legitimation is a significant aspect of family law in the Philippines, reflecting the society's values regarding family and marriage. Understanding its process, implications, and legal requirements is crucial for parents seeking to legitimize their children. This ensures that all children, regardless of the circumstances of their birth, are afforded the rights and privileges to which they are entitled under Philippine law.