Dear Attorney,

I need to execute an Affidavit of Legitimation. However, my father is currently in Japan, and I was informed that both my parents' signatures are required for the document. What steps can I take regarding my father's signature, considering his location abroad? Thank you.

Insights

In the Philippines, legitimation is a legal process that provides children born out of wedlock, whose parents were legally capable of marrying at the time of their birth, the status of legitimacy. This process typically requires an affidavit signed by both parents. The question in this case relates to the unavailability of a parent's signature due to being abroad.

Alternative Solutions for Signing Abroad:

When a parent is in a different country, the affidavit can still be validly signed by that parent, but the process involves additional steps to ensure compliance with Philippine laws:

Consular Acknowledgment or Notarization Abroad: The parent abroad can sign the affidavit before a Philippine consular official or a notary public in the foreign country. If signed before a foreign notary public, the document must be authenticated by the Philippine Embassy or Consulate in that jurisdiction to ensure its validity in the Philippines.
Special Power of Attorney (SPA): In cases where the parent cannot directly sign the affidavit, they may issue a Special Power of Attorney (SPA) authorizing another individual, such as the other parent, to sign the affidavit on their behalf. The SPA must be executed abroad and undergo the same process of notarization or consular acknowledgment.
Electronic or Digital Signature (If Applicable): While traditional notarization is more common, it's worth exploring if digital signatures are acceptable under specific circumstances, as per recent legal developments in electronic transactions. However, this is less frequently used in legitimation matters.

Ultimately, coordination with a lawyer who specializes in family law is crucial to ensure that all legal requirements are properly met when handling documents involving international parties.