Succession Rights of a Non-Adopted Child in the Philippines
(A general legal discussion for informational purposes; not a substitute for professional legal advice.)

Introduction

Under Philippine law, the rules on succession—how a deceased person’s estate is transferred to heirs—are primarily governed by the New Civil Code of the Philippines (Republic Act No. 386) and, for family relations, complemented by the Family Code of the Philippines (Executive Order No. 209). Children occupy a critical role as potential heirs, but a child’s status can affect his or her share in the decedent’s estate.

This article focuses on the succession rights of a non-adopted child in the Philippines. By “non-adopted child,” we typically refer to a biological child who has not gone through the legal adoption process, regardless of whether they are legitimate or illegitimate. Adoption, if validly completed under Republic Act No. 8552 (Domestic Adoption Act of 1998) or similar laws, grants the child the same rights as a legitimate (biological) child—an important distinction from children who remain non-adopted.

Key Concepts in Succession

Testate Succession
Occurs when the deceased (testator) leaves a valid last will and testament that disposes of his or her estate according to personal wishes, subject to the limitations of legitime (the portion of the estate reserved by law to compulsory heirs).
Intestate Succession
Applies when the deceased has no valid will, or when a will does not dispose of the entire estate. The shares of legal heirs are then determined strictly by law.
Compulsory Heirs
Under Article 887 of the New Civil Code, compulsory heirs include:
- Legitimate children and their descendants
- Illegitimate children (recognized as such under the law)
- Surviving spouse
- Legitimate parents and ascendants, in default of legitimate children
- Illegitimate parents, under certain circumstances
These heirs have a right to a portion of the estate that cannot be taken away by will.
Legitime
The legitime is the portion of the decedent’s estate that is automatically reserved for the compulsory heirs by law. While the testator may have testamentary freedom to dispose of the remainder (the “free portion”), the legitime must be respected.

Who Is a “Non-Adopted Child”?

In Philippine succession law, a non-adopted child may be:

A legitimate child (born and conceived within a valid marriage, or in circumstances recognized by law as conferring legitimacy).
An illegitimate child (born out of wedlock or in circumstances that do not confer legitimate status).

If the child is not legally adopted by another parent (whether the new spouse of a biological parent or another individual), they remain in their status quo as either legitimate or illegitimate with respect to their biological parents.

Distinction from an Adopted Child

An adopted child, once the adoption decree becomes final, is deemed a legitimate child of the adoptive parent(s). This grants the adopted child the same rights to succeed and the same share in the estate as any biological legitimate child of the adoptive parent. A non-adopted child, on the other hand, may or may not be a compulsory heir, and if illegitimate, will face certain limitations or reduced shares under the law.

Succession Rights of a Legitimate Non-Adopted Child

As a Compulsory Heir
If a child is the legitimate son or daughter of a deceased person, the child automatically becomes a compulsory heir. During intestate succession, the legitimate child shares the estate equally with other legitimate siblings.
Share in the Estate
- Testate Succession: The legitimate child has a legitime that cannot be diminished by the will’s provisions. Under the law, if there is only one legitimate child, that child is entitled to one-half (1/2) of the estate as legitime if there is also a surviving spouse. If there are multiple legitimate children, they share the legitime portion equally, subject to the surviving spouse’s share.
- Intestate Succession: The entire estate, if there is no surviving spouse, is generally divided among the legitimate children. If there is a surviving spouse, he or she shares in the inheritance, but the legitimate children remain principal heirs.
Proof of Legitimacy
Legitimacy is typically established by the child’s birth certificate and the presumption that the child was born within a valid marriage. Disputes may arise when legitimacy is questioned, in which case judicial proceedings may be necessary to prove filiation.

Succession Rights of an Illegitimate Non-Adopted Child

Compulsory Heir Status (Recognized Illegitimate Child)
An illegitimate child (one born out of wedlock) is also a compulsory heir under Philippine law—provided that the child is duly recognized or acknowledged by the parent. Recognition may be done through the birth certificate (i.e., the father’s signature), an affidavit of acknowledgment, or by a successful paternity/maternity case.
Share in the Estate
- Reduced Legitime: In the hierarchy of compulsory heirs, illegitimate children have the right to succeed, but their share is generally half that of a legitimate child’s share (Article 895, New Civil Code).
- Testate Succession: As a compulsory heir, an illegitimate child is still entitled to a legitime. A testator cannot simply disinherit or exclude an acknowledged illegitimate child in his will without a valid legal cause as provided by law.
- Intestate Succession: In the absence of a valid will, the recognized illegitimate child inherits alongside the other heirs but always at the ratio of half the share given to a legitimate child.
Unrecognized Illegitimate Children
- If the illegitimate child has not been formally recognized or acknowledged in any of the modes prescribed by law, they cannot automatically claim inheritance as an heir. They must first establish filiation (e.g., paternity suit, DNA evidence, or relevant documentary proof).
- If the judicial process confirms the child’s filiation, the child is then entitled to the appropriate share (i.e., half the share of a legitimate child).
Inheritance by Representation
- Illegitimate children can inherit by representation in certain cases (e.g., if the recognized illegitimate parent has predeceased the grandparent). However, the law imposes specific rules, and the share remains subject to the limitations imposed on illegitimate descendants.

Common Legal Issues

Proof of Filiation
- One of the central issues for non-adopted children (especially illegitimate children) is proving their relationship to the decedent. The primary evidence is a birth certificate with the father’s signature or an affidavit of acknowledgment. In the absence of such, the child must pursue legal action to establish filiation.
Prescriptive Period
- Philippine law imposes a time limit (prescriptive period) to file an action to claim filiation, which generally must be done during the alleged parent’s lifetime or within a certain period after death. Supreme Court jurisprudence has laid down various interpretations on this matter, but timely action is crucial.
Conflict with Other Heirs
- Disputes can arise if legitimate children or the surviving spouse contest the share of an illegitimate child. These often revolve around questions of authenticity of the acknowledgment documents, or the timing of recognition.
Extent of Right vs. Adopted Siblings
- Where there is an adopted child and a non-adopted, illegitimate child, the adopted child is classified as a legitimate child of the adopting parents. In contrast, the illegitimate child maintains the half-share rule for the legitime. This interplay can lead to complex estate distributions.
Disinheritance Issues
- A compulsory heir (including a recognized illegitimate child) can only be disinherited for causes expressly stated in the Civil Code (e.g., serious offenses against the parent). A will cannot exclude an illegitimate child simply on personal preference; any attempt without legal grounds can be declared void, thereby restoring the child’s legitime.

Practical Considerations

Early Recognition
- Parents who wish to ensure that their non-adopted, illegitimate children are entitled to inheritance should consider early acknowledgment, such as including the father’s name on the birth certificate. This spares the child the burden of a posthumous legal battle.
Last Will and Testament
- Even when drafting a will, parents must set aside the legitime for illegitimate children once recognized. Failing to do so can result in the will being invalidated in part and the child’s compulsory share being legally enforced.
Estate Planning
- For families with complicated relationships (e.g., multiple marriages, recognized illegitimate children, or potential disputes), proper estate planning—using wills, trusts (where allowable), and clear documentation—can minimize conflict and protect the interests of all parties.
Legal Counsel
- The nuances of Philippine succession law can be intricate, especially when it comes to illegitimate heirs. Seeking professional legal advice from a lawyer specializing in family law and succession is strongly advised for both parents and children who anticipate inheritance issues.

Conclusion

In Philippine law, non-adopted children—whether legitimate or illegitimate—are entitled to inherit from their biological parents, subject to the rules on compulsory heirs and legitimes under the Civil Code. A legitimate non-adopted child typically enjoys the same rights as any other legitimate child, while an illegitimate but recognized non-adopted child is a compulsory heir with a share set at half that of a legitimate child. Crucially, an illegitimate child must be duly acknowledged to assert inheritance rights without undergoing lengthy court proceedings to establish filiation.

These general principles underscore the importance of proper legal recognition of children and clear estate planning to avoid uncertainty and disputes. As always, individuals dealing with these issues should consult an attorney for specific guidance tailored to their circumstances.

Disclaimer: This article is a general overview of Philippine succession law concerning non-adopted children. It is intended only for informational purposes and should not be construed as legal advice. For any specific concerns or situations, consult a licensed attorney in the Philippines.