Illegitimate Child Rights Philippines

Illegitimate Child Rights Philippines

In the Philippines, the rights and entitlements of illegitimate children are clearly laid out in the Family Code and other pertinent laws. While traditionally, illegitimate children faced considerable legal disadvantages compared to their legitimate counterparts, contemporary legal provisions aim to ensure they receive fair treatment, especially concerning inheritance and support.

1. Definition of Illegitimate Child: An illegitimate child, as per the Family Code, is one born outside of a valid marriage. This could be due to the parents never having been married or the child being conceived as a result of adulterous relationships.

2. Rights to Inheritance: Illegitimate children have a right to inherit from their biological parents. While they do not receive the same share as legitimate children, they are entitled to half the share of a legitimate child. This means if a legitimate child inherits a certain portion of the deceased parent's estate, an illegitimate child would inherit half of that portion.

3. Support and Maintenance: Illegitimate children have the right to receive support from their parents. This support encompasses not only financial assistance but also includes moral, emotional, and educational support.

4. Establishing Paternity: For an illegitimate child to claim rights, especially concerning inheritance or support, paternity must be established. This can be achieved through the father's recognition in public documents, a signed private document, or in the absence of these, through the courts using DNA evidence or other means.

5. Use of Surname: Recent legal changes have allowed illegitimate children to use the surname of their father, provided the father gives his consent. This move seeks to reduce the stigma often associated with being an illegitimate child.

6. Guardianship and Custody: In most cases, the mother is granted primary custody of the illegitimate child unless there's a compelling reason that it's not in the child's best interest.

7. Protection under the Law: The rights of illegitimate children are protected under various laws, including the Family Code and the Child and Youth Welfare Code. These laws emphasize the state's commitment to ensuring every child's well-being, irrespective of their legitimacy status.

In conclusion, while there are distinctions between the rights of legitimate and illegitimate children in the Philippines, the latter still possess significant legal rights, especially in matters of support and inheritance. It's crucial for parents and guardians of illegitimate children to be aware of these rights and ensure they are upheld and protected.