Legitimation is a legal process in the Philippines where a child born out of wedlock is elevated to the same status as a legitimate child. This transition occurs through the subsequent valid marriage of the child's biological parents, provided certain legal criteria are met.
Below is a comprehensive guide on the timeline, requirements, and procedures for legitimation under Philippine law.
1. Legal Basis and Eligibility
Under Republic Act No. 9858 (which amended the Family Code), children conceived and born outside of wedlock are eligible for legitimation if:
- Paternity is established: The father has acknowledged the child.
- No Legal Impediment: At the time the child was conceived, the parents were not disqualified by any legal impediment to marry each other.
- Subsequent Marriage: The biological parents eventually enter into a valid marriage.
Important Note: If the parents were disqualified from marrying (e.g., one parent was still legally married to someone else) at the time of the child’s conception, the child cannot be legitimated, though they remain an "illegitimate" child with specific rights to support and successional rights if recognized.
2. Documentary Requirements
To process the registration of legitimation at the Local Civil Registrar (LCR), you will generally need the following:
| Document | Purpose |
|---|---|
| Certificate of Live Birth (COLB) | The original birth certificate of the child. |
| Certificate of Marriage | Proof of the subsequent valid marriage of the parents. |
| Affidavit of Legitimation | An executed sworn statement by both parents (or the surviving parent). |
| CENOMAR | Certificate of No Marriage of both parents (to prove no prior impediments). |
| Valid IDs | Government-issued identification of the parents. |
3. The Step-by-Step Process
Step 1: Execution of the Affidavit
The parents must execute an Affidavit of Legitimation. This document must be sworn before a Notary Public. It typically contains:
- The names and residences of the parents.
- The date and place of the child's birth.
- A statement that at the time of conception, no legal impediment to marriage existed.
- The date and place of the subsequent marriage.
Step 2: Registration at the Local Civil Registrar (LCR)
The affidavit and supporting documents must be filed at the LCR where the child’s birth was originally registered.
- Payment of Fees: You will need to pay the corresponding registration and filing fees.
- Verification: The LCR will review the documents to ensure they meet legal standards.
Step 3: Annotation of the Birth Certificate
Once approved, the LCR will not issue a "new" birth certificate in the sense of erasing the old one. Instead, they will annotate the existing birth record. The annotation will state that the child is now legitimated by virtue of the parents' marriage.
Step 4: Forwarding to the Philippine Statistics Authority (PSA)
The LCR will forward the annotated record to the PSA. After a processing period, you can request a copy of the birth certificate on PSA security paper (SECPA) which reflects the legitimation.
4. Expected Timeline
The duration of the process can vary depending on the workload of the specific LCR and the PSA:
- Preparation and Notarization: 1–3 days.
- LCR Processing: 1–2 weeks (depending on the municipality).
- PSA Posting: 2–6 months. This is the period it takes for the local records to be synced with the national database.
5. Effects of Legitimation
Once the process is complete, the child enjoys the following rights:
- Surname: The right to use the father's surname as a matter of right.
- Support: The right to receive legal support from parents.
- Succession: The right to an equal share of the inheritance (legitime) as children born during marriage, as legitimation "retroacts" to the time of the child's birth.
Would you like me to draft a sample template for an Affidavit of Legitimation that you can review?