Legitimation Process for Child Born Out of Wedlock

Legitimation Process for a Child Born Out of Wedlock in the Philippines
All You Need to Know

1. Overview of Legitimation

Legitimation is a legal process under Philippine law that grants a child born out of wedlock (an “illegitimate child”) the status and rights of a legitimate child. The primary legal basis for legitimation in the Philippines can be found in Title VI (Articles 177 to 182) of the Family Code of the Philippines. Through legitimation, the child acquires the same rights as if he or she had been born to parents who were validly married to each other at the time of the child’s birth.

2. Legal Framework

  1. Family Code of the Philippines

    • Article 177 sets forth that legitimation takes place by the subsequent valid marriage of the child’s father and mother, provided the parents were not disqualified by any legal impediment to marry each other at the time of conception or birth of the child.
    • Articles 178–182 detail the effects, procedure, and documentation involved in legitimation, as well as the recognition of the new legal status of the child.

  2. Civil Code (Old Law vs. Current Family Code)

    • Before the Family Code took effect in 1988, the rules were contained in the Civil Code. The Family Code (Executive Order No. 209) superseded relevant provisions in the Civil Code and introduced updated rules.
    • However, the basic principle remains: if no legal impediment existed for the parents to marry at the time of conception or birth, the subsequent marriage of the parents automatically “legitimates” the child.

  3. Additional Regulations

    • The Philippine Statistics Authority (PSA) and Local Civil Registrar (LCR) offices issue guidelines for recording legitimation so that the child’s birth record reflects the new status.

3. Requirements for Legitimation

For a child to be legitimated by the subsequent marriage of the parents, all of the following conditions must be met:

  1. No Legal Impediment to Marry

    • At the time of the child’s conception or birth, the parents must have been legally free to marry each other (i.e., neither parent was married to another person, nor were they within prohibited degrees of consanguinity, etc.).

  2. Subsequent Valid Marriage

    • The parents must validly marry each other in accordance with Philippine law. A valid marriage requires compliance with all the formal and essential requisites (e.g., marriage license, consent, authorized solemnizing officer, etc.).

  3. Child Born Out of Wedlock

    • The child must have been born outside of a valid marriage. If the child was already legitimate (i.e., born within a valid marriage), the concept of legitimation does not apply.

When these conditions are satisfied, legitimation occurs by operation of law on the date of the marriage between the parents.

4. Legal Effects of Legitimation

Once legitimation takes place:

  1. Rights as a Legitimate Child

    • The child is entitled to all rights granted by law to legitimate children, including the right to use the father’s surname (if the father’s filiation is established) and the right to inherit from both parents.

  2. Inheritance Rights

    • The legitimated child’s share in the parents’ estate is the same as that of any legitimate child. This affects testamentary and intestate succession.

  3. Parental Authority

    • The parents jointly exercise parental authority over the legitimated child. This includes custody, decisions regarding the child’s welfare, and other rights/duties that flow from parent-child relationships.

5. Step-by-Step Procedure for Recording Legitimation

Although the law states that legitimation occurs “by operation of law” upon the parents’ valid marriage, there is an administrative process to update the child’s civil status in official records. Below is a general guideline on how to reflect legitimation in the child’s birth record:

  1. Obtain Required Documents

    • Certified true copy of the child’s birth certificate (from the Philippine Statistics Authority, formerly NSO, or the Local Civil Registrar where the birth was registered).
    • Certified true copy of the parents’ Certificate of Marriage.
    • Valid government-issued identification documents of the parents.
    • Other supporting documents that may be required by the Local Civil Registrar (e.g., CENOMAR – Certificate of No Marriage, to prove that no impediment existed at the time of birth or conception).

  2. Execute an Affidavit of Legitimation

    • The parents (or the father/mother individually, depending on local practice) sign an affidavit stating that at the time of the child’s conception or birth, there was no legal impediment to their marriage, and that they have subsequently married.
    • The affidavit must clearly indicate the circumstances of the child’s birth, the parents’ personal details, the date and place of marriage, and a statement affirming that the child is now legitimated by operation of law.

  3. File the Documents with the Local Civil Registrar (LCR)

    • Submit the affidavit and supporting documents to the LCR of the place where the child’s birth was originally registered.
    • Pay the corresponding fees (filing fee, documentary stamp tax, certification fees, etc.).

  4. Annotation or Amendment of the Birth Record

    • Upon approval, the Local Civil Registrar will annotate or amend the child’s birth certificate to indicate that the child has been legitimated under Article 177 of the Family Code.
    • The annotated birth certificate will show the new status of the child as “legitimated.”

  5. Request Updated PSA (PSA-Authenticated) Birth Certificate

    • After the LCR forwards the corrected or annotated record to the PSA, you can request a copy of the updated PSA birth certificate showing the annotation on legitimation.

Note: Procedures can vary slightly among Local Civil Registrar offices. It is always best to inquire with the LCR where the birth was registered or consult an attorney to confirm the steps and requirements.

6. When Legitimation is Not Possible

Legitimation is not possible under the following circumstances:

  1. Parents Had a Legal Impediment to Marry

    • If either parent was married to someone else (i.e., a subsisting marriage) at the time of the child’s conception or birth, or the couple was within the prohibited degrees of consanguinity (e.g., siblings, uncle-niece, etc.), legitimation cannot occur.
    • In these situations, even if the parents later become free to marry, the child is not entitled to legitimation.

  2. Void Marriages

    • If the marriage itself is void ab initio (e.g., bigamous, polygamous, incestuous marriages), it cannot produce any legal effect in terms of legitimation.

  3. Other Prohibitions Under Family Code

    • Marriage below the legal age without meeting the exception requirements, or marriages considered null and void for other reasons.

7. Related Concepts

  • Acknowledgment / Recognition of Illegitimate Child
    A child must often be acknowledged by the father to establish filiation. This acknowledgment can appear in the birth certificate, through an affidavit of acknowledgment, or any other authorized document. Legitimation presupposes recognition that the man claiming the child is indeed the father.
  • Use of Surname
    Republic Act 9255 allows an illegitimate child to use the father’s surname under specific conditions (with an affidavit and paternal consent). However, once legitimated, the child automatically acquires the right to use the father’s surname.
  • Adoption vs. Legitimation
    Adoption is a separate legal process through a court proceeding, applicable when a child cannot be legitimated (e.g., the parents cannot or do not marry). Legitimation, on the other hand, does not require a court decree if the legal requirements are met.

8. Practical Tips and Reminders

  1. Check the Timeline

    • The legitimation process usually happens after the child’s parents marry. It’s often best to address the legitimation while the documents are still current and easily accessible.

  2. Confirm the Local Civil Registrar’s Requirements

    • While the general requirements are the same, each LCR may have specific documentary and procedural requirements. Contact your LCR in advance to ensure a smooth process.

  3. Seek Legal Advice if Unsure

    • If there is any confusion about whether a legal impediment existed or if the marriage could be considered void or voidable, consult a lawyer to evaluate the case before applying for legitimation.

  4. Keep Multiple Certified Copies

    • It is prudent to secure multiple certified or PSA-authenticated copies of all amended records (birth certificate, marriage certificate) for future use.

  5. No Court Order Typically Required

    • Legitimation is different from a court-supervised procedure like adoption. As long as the requirements are met, the legitimation is recognized “by operation of law,” and only an administrative process at the Local Civil Registrar’s office is necessary.

9. Conclusion

Legitimation under Philippine law is a straightforward but important process that restores the rights of a child born out of wedlock, provided there was no legal impediment preventing the parents from marrying at the time of conception or birth. Once the parents validly marry, the child is deemed legitimated automatically; the parents then typically undertake an administrative process with the Local Civil Registrar to update the birth certificate and officially record the change in the child’s status.

Understanding the requirements, gathering all necessary documents, and following the correct procedures will ensure a successful legitimation. While the basic rules are enshrined in the Family Code, local practices may slightly differ, so consulting the relevant Local Civil Registrar or a legal professional can help clarify any uncertainties. Through legitimation, the child gains full legal rights and a secure, recognized status in the family under Philippine law.

Disclaimer: This article provides a general overview of the legitimation process in the Philippines. It is not intended as formal legal advice. For specific cases or legal queries, always consult a qualified attorney or approach the Local Civil Registrar or other relevant government offices.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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