Dear Attorney,
I hope this message finds you well. I would like to ask for your advice regarding the legal obligations of a father towards his child, considering the father and mother were never married. Specifically, what rights does the child have, and what responsibilities does the father hold in this situation? Any guidance you could provide would be greatly appreciated.
Thank you,
A Concerned Parent
Insights:
In the Philippines, a child born out of wedlock is commonly referred to as an "illegitimate child." Despite the parents not being married, the law ensures that the child retains several rights, and the father also holds certain obligations.
Rights of the Illegitimate Child:
Under Philippine law, specifically the Family Code and the Revised Civil Code, an illegitimate child has rights similar to those of a legitimate child, albeit with some differences. The most notable rights of an illegitimate child include:
Right to Support: The father has a legal obligation to provide financial support to the child, even if the parents are not married. This support covers essential needs such as food, shelter, education, medical care, and other basic necessities. The amount of support is usually proportionate to the father’s financial capability and the needs of the child.
Right to Inherit: While an illegitimate child is entitled to inheritance from both parents, they may receive a lesser share than legitimate children. Under the law, an illegitimate child is entitled to half of what a legitimate child would receive through inheritance. This applies to both intestate (without a will) and testate (with a will) successions.
Right to Use the Father's Surname: If the father recognizes the child, the child can bear the father’s surname. This is typically done through formal recognition in the child’s birth certificate or acknowledgment in legal documents.
Father's Legal Obligations:
A father of an illegitimate child is required to fulfill several legal responsibilities, which include:
Providing Financial Support: As previously mentioned, the father is obligated to support his child financially. Failure to comply with this responsibility could result in legal consequences, such as being compelled by the courts to provide the necessary support through a case filed by the mother or the child’s guardian.
Acknowledgment of Paternity: The father can voluntarily acknowledge the child either in the child’s birth certificate, a public document, or through a private handwritten instrument. This acknowledgment is significant, as it directly affects the child’s right to inherit and to use the father’s surname.
Visitation Rights: While the father is required to provide support, he also has the right to visit and maintain a relationship with the child, unless otherwise restricted by a court for justifiable reasons, such as the child’s best interests.
Legal Actions if the Father Fails to Fulfill Obligations:
If the father refuses to provide support or denies the child’s paternity, the mother or the child’s legal guardian may file a petition in court for child support. In some cases, if paternity is disputed, the court may order DNA testing to resolve the matter.
In conclusion, while the father and mother may not be married, the law ensures that the illegitimate child’s rights to support, inheritance, and recognition are protected. The father’s legal obligations are clear, and failure to comply with these responsibilities could lead to legal action.