Effects of Legitimation by Subsequent Marriage on Birth Certificates in the Philippines

Philippine legal article (practical and doctrinal view)

1) Concept and legal basis

Legitimation by subsequent marriage is the process by which a child conceived and born out of wedlock becomes legitimate because the child’s parents later contract a valid marriage with each other. Under the Family Code, legitimation:

Takes effect by operation of law once a valid marriage between the same parents occurs (no court order required).
Retroacts to the time of the child’s birth, conferring the same status and rights as if the child were born in wedlock, without prejudice to vested rights already acquired by third persons before legitimation.
Traditionally required that the parents were not disqualified to marry each other at the time of conception; later legislation expanded this to allow legitimation even if the only impediment at conception was minority (below marrying age). Disqualifications such as a subsisting prior marriage at conception still bar legitimation by subsequent marriage.

2) Who qualifies (and who does not)

Qualifies

Child conceived and born to parents who later validly marry each other; and
At the time of conception, the parents were free to marry each other or their only impediment was age (e.g., teenage parents who later legally marry).

Does not qualify

One or both parents had a subsisting prior marriage at the time of conception. Even if that prior marriage is later annulled/voided and the parents eventually marry, the child cannot be legitimated by subsequent marriage (remedies may include adoption or judicial recognition of filiation for rights short of legitimation).
Parents never marry each other.
Marriage is void (e.g., bigamous, incestuous, or other void causes). A void marriage does not produce legitimation.

Practical tip: If uncertain whether a prior impediment existed at conception (e.g., timeline vs. annulment decree), obtain counsel’s review before filing with the civil registry.

3) Effects of legitimation (substantive rights)

Once legitimated, the child is deemed legitimate from birth:

Surname and name structure: May use the father’s surname and the mother’s maiden surname as middle name (the standard rule for legitimate children).
Parental authority: Vests jointly in both parents (from previously being with the mother alone in most illegitimate cases).
Support: Full right to support as a legitimate child.
Succession: Full legitime and intestate share as a legitimate child, with retroactive effect to birth, without impairing vested third-party rights.
Citizenship and filiation: Determined as if the child had been born legitimate (subject to applicable nationality rules).

These effects arise by law once the marriage occurs; the civil registry annotation does not create the status—it records it.

4) What changes on the Birth Certificate (PSA copy)

Legitimation is reflected through administrative annotation on the child’s civil registry record. The mechanics:

No new record is created; the original birth record is retained.
The Local Civil Registry Office (LCRO) adds a marginal annotation (and PSA later reflects it) typically phrased along the lines of: “Legitimated by subsequent marriage of parents on [date] at [place] pursuant to the Family Code.”
Name changes on the birth record:
- Surname: If the child was originally registered under the mother’s surname (common for illegitimate registration), the annotation authorizes the change to the father’s surname.
- Middle name: For a legitimated (now legitimate) child, the mother’s maiden surname becomes the middle name.
- Given name(s): Unchanged unless a separate change-of-name process is pursued.
Father’s details: If the father’s information was absent or limited (common in illegitimate registrations without acknowledgment), the annotation allows completion/confirmation of paternity details consistent with the legitimation.
Status field: Where the civil registry format includes a status descriptor, it will now reflect “Legitimate” (usually via annotation; formats vary by year of form).
Subsequent PSA issues: PSA certified copies thereafter show the annotation and the updated name. Old (pre-annotation) copies are typically superseded for official transactions, but the underlying record remains historically preserved.

5) Common scenarios on names and annotations

Child used mother’s surname at birth; no prior acknowledgment → After legitimation: Surname switches to father’s; middle name becomes mother’s maiden; record is annotated.
Child already uses father’s surname under RA 9255 (acknowledgment of paternity prior to parents’ marriage) → After legitimation: Surname remains the father’s; the status becomes legitimate; the middle name adjusts to the mother’s maiden (aligning with legitimate naming rules). An annotation records the legitimation.
Birth abroad; parents later marry abroad → The Report of Birth and Report of Marriage must be on file/forwarded and then transcribed to the PSA system. Legitimation effects still apply once the marriage is recognized as valid under Philippine law and registered for civil registry purposes.
One parent deceased when processing → Legitimation still exists by law if a valid marriage had already occurred. The surviving parent (or an authorized representative per civil registry rules) may process the annotation.

6) Procedure to annotate the birth record (LCRO → PSA)

While local practices vary slightly, the standard flow is:

Prepare documents
- PSA/LCRO copy of the child’s Certificate of Live Birth.
- PSA/LCRO copy of the parents’ Marriage Certificate (the subsequent marriage).
- Valid IDs of the filing parent/s or representative; Authorization/Special Power of Attorney if filed by a representative.
- If needed by the LCRO: proof of acknowledgment or affidavits to complete missing paternal data.
Execute the Affidavit of Legitimation
- Usually jointly by both parents (or by the surviving parent/authorized representative as allowed).
- States the facts of birth, that the parents subsequently married each other, and that no disqualification existed at conception other than minority, if applicable.
File with the LCRO where the birth was first registered (or the civil registry with custody of the record, for delayed/transcribed records).
LCRO examination and annotation
- The LCRO checks legal sufficiency and annotates the local registry entry.
- The annotated record (or an endorsement) is transmitted to PSA for central copy updating.
Obtain PSA copies
- After PSA integration, request a PSA-issued Certificate of Live Birth reflecting the annotation and updated name/status.

Fees and processing times vary by LGU and workload. Expect separate fees for notarization, LCRO processing, and PSA copy issuance.

7) Proof and downstream updates

Once you receive the PSA birth certificate with annotation:

Use it to update school, PhilHealth, SSS, GSIS, passport, bank, and other records.
For DFA passport: a change of surname/status usually requires the annotated PSA birth certificate and the PSA/LCRO Marriage Certificate of the parents, plus standard ID requirements.
For school records: provide the PSA annotated birth certificate and request Form 137/records updates to the legitimized name.

8) Limits and caveats

Vested rights preserved: Retroactivity cannot defeat rights already vested in third persons before legitimation (e.g., completed inheritance distributions long before legitimation).
No cure for void marriages: If the parents’ marriage is void, the child does not become legitimate via legitimation; consider domestic adoption for surname/filial alignment and full parental authority in law.
No substitution for filiation proof: Where paternity/maternity is disputed, legitimation presupposes the same two parents; contested filiation issues are judicial, not administrative.
Multiple children: Each child needs its own annotation process, even though they rely on the same subsequent marriage.

9) Practical checklist (one-page quick use)

✅ Parents validly married each other after the child’s birth.
✅ At conception, no disqualification to marry each other or the only impediment was age.
✅ Prepare: child’s birth certificate (PSA/LCRO), parents’ marriage certificate (PSA/LCRO), IDs, affidavit of legitimation.
✅ File at LCRO of birth registration.
✅ Await LCRO annotation → PSA update.
✅ Request PSA copy with annotation.
✅ Use annotated PSA copy to update all dependent records.

10) Frequently asked questions

Q1: Is court approval required? No. Legitimation by subsequent marriage is administrative in documentary reflection (LCRO/PSA), because the status changes by operation of law once the valid marriage occurs.

Q2: Can an adult be legitimated? Yes. There is no age limit for the child; what matters is the legal criteria and the parents’ subsequent valid marriage.

Q3: What if the father previously acknowledged the child and the child already bears his surname? Proceed with legitimation filing. The child’s status becomes legitimate, and the middle name format adjusts to legitimate rules; the civil registry annotates accordingly.

Q4: What if the parents were in a common-law relationship for years and then married? If there were no disqualifications at conception, legitimation applies upon later valid marriage. If there was a subsisting prior marriage for either parent at conception, legitimation does not apply.

Q5: Do we need a Change of Name case? Generally no. The surname/middle-name adjustments in legitimation follow by law and are captured through the annotation process with the LCRO/PSA.

Q6: Can we undo legitimation? No. Once effective, legitimation permanently fixes the child’s status as legitimate, subject only to extraordinary judicial findings (e.g., fraud, invalid marriage).

11) Model Affidavit of Legitimation (guide points)

Identify the child (name as originally registered, date/place of birth, registry entry no.).
State the parents’ identities and that they subsequently married each other (place/date; attach marriage certificate).
Affirm that at conception the parents were not disqualified to marry each other, or that the sole impediment was minority.
Request the LCRO to annotate the birth record to reflect legitimation and apply the legitimate naming rules.
Signatures of both parents; notarization; ID attachments.

(Use the LCRO’s official form if provided; some LGUs have templated affidavits.)

Bottom line

If the factual predicates are met, legitimation by subsequent marriage automatically transforms the child’s civil status to legitimate from birth, and the birth certificate is administratively annotated to reflect the new status, surname, and middle-name structure. The core work for families is gathering documents and coordinating with the LCRO → PSA pipeline so that PSA-issued copies carry the proper legitimation annotation for use in all government and private records.