Legitimation in the Philippines

Paano ma-legitimize ang isang illegitimate child sa Pilipinas?

Legitimation is a legal process in the Philippines that allows a child born out of wedlock to acquire the status and rights of a legitimate child. This article provides a comprehensive overview of the concept of legitimation, the legal requirements, and the procedures involved.

Legal Basis for Legitimation

Legitimation in the Philippines is governed by Articles 177 to 182 of the Family Code of the Philippines. It applies to children conceived and born outside a valid marriage, provided their parents were free to marry each other at the time of the child's conception and subsequently married each other.

Requirements for Legitimation

To legitimize a child, the following conditions must be met:

1. Child Born Out of Wedlock: The child must have been born to parents who were not married to each other at the time of the child's birth.
2. Parents’ Capacity to Marry: The parents must have had no legal impediment to marry each other at the time the child was conceived.
3. Subsequent Marriage of Parents: The parents must marry each other after the birth of the child. The marriage should be valid and without any legal impediment.

Effects of Legitimation

Once legitimation is granted, the child is deemed legitimate from birth and enjoys all the rights and privileges of a legitimate child. These rights include:

• Right to Use the Surname of the Father: The child can use the father's surname.
• Right to Support: The child is entitled to receive financial support from both parents.
• Right to Inherit: The child has the right to inherit from both parents under the rules of succession.
• Parental Authority: Both parents will have joint parental authority over the child.

Procedure for Legitimation

1. Marriage of Parents: The parents must marry each other. The marriage must be registered with the Local Civil Registry Office (LCRO).
2. Filing of Legitimation Documents: The parents or their representatives must file the necessary documents with the LCRO where the child’s birth was registered. These documents typically include:
   • A joint affidavit of legitimation executed by the parents.
   • A certified true copy of the marriage certificate of the parents.
   • A certified true copy of the child’s birth certificate.
3. Annotation of the Birth Certificate: The LCRO will annotate the child’s birth certificate to indicate that the child has been legitimated by the subsequent marriage of the parents.
4. Issuance of an Amended Birth Certificate: The LCRO will issue an amended birth certificate reflecting the legitimation.

Exceptions to Legitimation

Certain circumstances prevent legitimation, including:

• Adoption: If the child has already been legally adopted.
• Impediments to Marriage: If the parents were not legally free to marry each other at the time of the child’s conception or birth.
• Void Marriages: If the marriage of the parents is subsequently declared void.

Conclusion

Legitimation is a vital legal process that ensures children born out of wedlock can enjoy the same rights as those born to married parents. Understanding the requirements and procedures involved in legitimation helps protect the rights and welfare of the child, ensuring they receive proper recognition and support from both parents.