Question:
The parents are not married, but the husband signed and claimed that the child is his own. Is the child considered legitimate or not under Philippine law?
Answer:
Legitimacy Defined Under Philippine Law:
In Philippine law, legitimacy is a status conferred upon a child born of a valid and subsisting marriage between his or her parents. This status comes with various rights, including the right to bear the surname of the father and the mother, entitlement to inherit intestate, and other rights provided under the Family Code of the Philippines.
Child of Unmarried Parents:
In your situation, where the parents are not married, the child is considered "illegitimate" under Philippine law, even if the father acknowledges paternity. However, the father's recognition confers certain rights and responsibilities upon him and grants specific rights to the child, distinct from those of legitimate children.
Acknowledgment of Paternity:
If the father signs the child's birth certificate and explicitly acknowledges paternity, the child is entitled to use the father's surname and is also entitled to support and possible inheritance, albeit not to the same extent as a legitimate child.
Legal Steps for Acknowledgment:
The acknowledgment of an illegitimate child by the father can be done in various ways under Philippine law:
- Affidavit of Admission of Paternity: Filed by the father, this is an official statement acknowledging the child as his own.
- Private handwritten instrument: An acknowledgment made in any private handwritten document is also valid.
- Birth Certificate: Signing the birth certificate is also a formal way to acknowledge the child.
Subsequent Marriage:
It should also be noted that if the parents marry at a later date, the child can be legitimated by the subsequent marriage, provided that the child was conceived when the parents had no legal impediments to marry each other.
Rights of an Illegitimate Child:
Even though an illegitimate child doesn't enjoy the same rights as a legitimate child, they are still entitled to:
- Use the surname of their father if acknowledged
- Receive support from both parents
- Receive a share from the inheritance, albeit smaller than that of a legitimate child
Conclusion:
In Philippine law, the child in your situation would not be considered "legitimate" since the parents are not married. However, the child does acquire specific rights due to the father's acknowledgment, such as the right to use the father's surname and entitlement to support and inheritance.
It is advisable to consult with a lawyer to understand the full scope of rights and responsibilities in your particular situation.