What rights does an illegitimate child have under Philippine law?
Under Philippine law, an illegitimate child is a child born to parents who are not legally married to each other at the time of the child's birth and who remain unmarried to each other. Despite their status, illegitimate children are afforded certain rights under the Family Code and related laws.
Inheritance Rights
Illegitimate children are entitled to inherit from their biological parents. According to the Family Code, an illegitimate child has the right to receive half of the share that a legitimate child would receive. This legal provision ensures that illegitimate children are not entirely excluded from the inheritance and are provided a measure of financial support.
Support Rights
Illegitimate children have the right to financial support from their biological parents. This includes necessities such as food, clothing, education, and medical care. The obligation to provide support exists regardless of the marital status of the parents. If a parent fails to provide the necessary support, legal action can be taken to enforce this obligation.
Use of Surname
Republic Act No. 9255 allows an illegitimate child to use the surname of the father, provided the father acknowledges paternity. This can be done through a public document or a private handwritten instrument signed by the father. The use of the father's surname can help in establishing the child's identity and lineage.
Legitimation
Legitimation is a legal process that allows an illegitimate child to become legitimate. This can occur if the parents of the illegitimate child subsequently marry each other. For legitimation to take place, the parents must have had no legal impediment to marry at the time of the child's birth. Once legitimated, the child enjoys all the rights of a legitimate child, including full inheritance rights.
Parental Authority
Both parents exercise parental authority over an illegitimate child. However, in cases where the parents are not cohabiting, parental authority is usually exercised by the mother. The father, though, retains the right to be involved in the child's life and to provide support.
Discrimination Protections
The Philippine Constitution provides that no person shall be denied the equal protection of the laws. This provision is particularly important for illegitimate children, ensuring that they are protected from discrimination based solely on their birth status. Various laws and regulations reinforce this protection, emphasizing the state’s commitment to uphold the rights of all children.
Conclusion
Illegitimate children in the Philippines are protected under various laws that ensure their right to support, inheritance, and protection against discrimination. While the status of being illegitimate carries certain limitations, the legal framework strives to provide a fair and just treatment to these children, recognizing their rights and ensuring their well-being.