Legitimation Process Philippines

Dear Attorney,

I was born under my mother’s surname, and I have recently learned that I need to file a case in court to address my surname. I would like to know the legal process for having my surname changed and how legitimation can be achieved. What are the requirements and procedures I need to follow?

Sincerely,
Concerned Individual

Insights

Legitimation is a legal process in the Philippines that allows children born out of wedlock to gain the rights and status of legitimate children after the subsequent marriage of their biological parents. This process is grounded under the provisions of the Family Code of the Philippines. Below are the essential details regarding legitimation:

1. Eligibility for Legitimation
   For legitimation to occur, the child must have been born to parents who, at the time of birth, had no legal impediment to marry each other. This means that both parents must have been single or otherwise capable of contracting marriage at the time of the child’s birth. Legitimation is not possible if one or both parents were married to other people when the child was born.

2. Effect of Legitimation
   Once legitimation is completed, the child will be considered legitimate, having the same rights as if they were born to parents who were married to each other at the time of the child’s birth. This includes rights to inheritance, parental support, and the use of the father’s surname. The legitimated child is also entitled to receive support and the right to share in the estate of the parents.

3. Legitimation by Subsequent Marriage
   Legitimation occurs automatically upon the subsequent marriage of the parents, provided that no legal impediments existed when the child was born. In this case, the child’s status is upgraded from illegitimate to legitimate without the need for court intervention. However, the parents must ensure the proper registration of the legitimation with the Local Civil Registrar to update the child’s records.

4. Process of Filing for Legitimation
   If the child was born out of wedlock and the parents marry later, they must file for legitimation with the Local Civil Registrar. Required documents include:

   • Marriage certificate of the parents
   • Birth certificate of the child
   • Affidavit of legitimation, indicating that at the time of the child’s birth, the parents had no legal impediments to marry. The civil registry will then annotate the child’s birth certificate to reflect the legitimation.

5. Judicial Process
   In some cases, legitimation may require a court order, especially if discrepancies arise regarding the child’s birth registration or the parents’ marital status. In such instances, the parents or child may need to file a petition in court to correct or amend the birth certificate. The court will determine the validity of the legitimation and issue an order for the correction of the child’s civil status.

6. Legal Implications of Legitimation
   Legitimation confers the same rights as those of legitimate children, particularly the right to inherit from both parents. Additionally, a legitimated child can use the father’s surname and enjoy equal rights in matters of inheritance, support, and succession.

7. Common Challenges
   Some of the common challenges associated with legitimation in the Philippines include incorrect or missing records in the Local Civil Registrar and disputes regarding the legitimacy of the marriage. It is essential to resolve these issues before proceeding with the legitimation process to avoid delays.

In conclusion, legitimation is a crucial legal remedy for children born out of wedlock who wish to be recognized as legitimate under the law. It confers significant legal rights, particularly in terms of inheritance and familial support.