Legitimation of Children Philippines

Dear Attorney,

I need assistance regarding my child’s surname. My eldest child uses the surname of his mother, and I wish to understand if I can apply for legitimation. My child was born before we got married, and we have been married for a few years now. I want to know the steps or requirements for legitimation in the Philippines and if it’s still possible in my case.

—Concerned Parent

---

Insights

Legitimation by Subsequent Marriage in the Philippines

Legitimation is a legal process under Philippine law that grants legitimate status to a child born out of wedlock, provided the child’s parents were not legally barred from marrying each other at the time of the child’s birth. Article 177 of the Family Code of the Philippines provides that children conceived and born outside of a valid marriage are legitimate if their parents subsequently marry.

Requirements for Legitimation

To successfully apply for legitimation in the Philippines, the following basic conditions must be met:

1. The child must be born out of wedlock – This means the child was born while the parents were not yet married.

2. The child’s parents must have had no legal impediment to marry at the time of the child’s conception – For legitimation to be applicable, the parents must have been free to marry when the child was conceived, meaning they were not related within prohibited degrees, and neither was married to another person.

3. Subsequent Marriage of Parents – Legitimation can only occur if the child’s parents marry after the child’s birth. Once the parents marry, the status of the child changes from illegitimate to legitimate by operation of law.

Effects of Legitimation

Once legitimation is granted, the child enjoys the same rights as if he or she was born to the parents within a valid marriage. These rights include:

• The right to use the father’s surname,
• The right to inherit from both parents, and
• Full legitimacy status in legal proceedings.

Procedure for Applying for Legitimation

In order to apply for legitimation, parents must file a petition for legitimation with the Local Civil Registry where the child’s birth was registered. The following documents are usually required:

1. A certified true copy of the child’s birth certificate,
2. A certified true copy of the parents’ marriage certificate,
3. A joint affidavit of legitimation, executed by both parents, and
4. Other supporting documents that may be required by the local civil registrar.

The Local Civil Registry will then process the legitimation, and the child’s birth certificate will be updated to reflect the legitimate status and change of surname, if necessary.

Considerations

It is important to verify that no legal impediment existed at the time of the child’s birth. For instance, if either parent was married to another person or if they were too closely related by blood, legitimation will not be applicable.

Lastly, legitimation applies only to natural-born Filipinos. Adopted children or children born from other legal or extraordinary circumstances may require different processes, such as adoption or correction of entries.

Legitimation is a valuable legal process in the Philippines for children born out of wedlock to enjoy the full rights of legitimate children after their parents marry.