Under Philippine law, the status of a child—whether legitimate or illegitimate—dictates the initial distribution of parental authority and custody. For mothers seeking to migrate abroad with an illegitimate child, understanding the specific provisions of the Family Code of the Philippines and relevant jurisprudence is essential for a smooth legal transition.

1. The Default Legal Status: Article 176

The primary governing rule is found in Article 176 of the Family Code, as amended by Republic Act No. 9255. It explicitly states:

"Illegitimate children shall use the surname and shall be under the parental authority of their mother..."

In the eyes of Philippine law, the mother of an illegitimate child is the sole holder of parental authority. This includes the right of custody. Unlike legitimate children, where parental authority is exercised jointly by both parents, the father of an illegitimate child generally has no legal right to custody, even if he has recognized the child (e.g., by signing the birth certificate).

2. Parental Authority vs. Visitation Rights

While the mother possesses sole parental authority and custody by operation of law, the father is not entirely excluded from the child's life. Philippine courts recognize the "Natural Right" of a father to visit his child, provided he has acknowledged paternity.

Visitation Rights: These are distinct from custody. A father may petition the court for "visitorial rights" to maintain a relationship with the child.
The Best Interests of the Child: This is the "pole star" of all custody disputes. Even if the mother has sole custody, the court will always prioritize what is most beneficial for the child's physical, emotional, and psychological well-being.

3. Requirements for Migration and Passports

When migrating abroad, the Department of Foreign Affairs (DFA) and the Bureau of Immigration (BI) require specific documentation to ensure the child is not being "trafficked" or removed against legal protocols.

Documentation Needed:

PSA Birth Certificate: Showing the "Illegitimate" status (usually indicated by the absence of a marriage date between parents).
Affidavit of Sole Custody: A notarized document executed by the mother asserting that she has sole legal custody under Article 176.
DSWD Travel Clearance: Generally, if an illegitimate child is traveling with the mother, a Department of Social Welfare and Development (DSWD) travel clearance may not be required. However, if the child is traveling with someone else, or if the destination country has stringent requirements, this clearance becomes mandatory.

4. When a Court Order is Necessary

Although the law grants the mother sole custody automatically, certain foreign embassies (notably the U.S., Canada, and various EU nations) may require a Court Order or a Judicial Declaration of Custody to process dependent visas. This is often because foreign jurisdictions do not automatically recognize the nuances of Philippine statutory law without a specific court decree.

Steps to Obtain a Judicial Declaration:

Filing the Petition: A "Petition for Sole Custody" is filed in the Regional Trial Court (Family Court) where the child resides.
Proving the Best Interest: The mother must demonstrate that she is fit and that the move abroad serves the child's best interests (e.g., better education, stability, and healthcare).
Social Worker Evaluation: The court typically assigns a social worker to conduct home visits and interviews to validate the claims in the petition.

5. Exceptions: When Can the Mother Lose Custody?

The mother’s right to sole custody of an illegitimate child is not absolute. Under Article 210 of the Family Code, the court may strip a mother of custody or parental authority if there are "compelling reasons," such as:

Neglect or abandonment.
Physical or emotional abuse.
Moral depravity or drug addiction.
The child is over seven years old and expresses a strong, valid preference for the father (though the mother is still prioritized unless found unfit).

6. Summary for Migration Purposes

For the purpose of migration, the following hierarchy of proof is generally followed:

The Birth Certificate: Proves illegitimate status and the mother’s identity.
Article 176 of the Family Code: Serves as the statutory basis for the mother’s right to take the child abroad without the father’s consent.
Legal Certification: A certification from the DSWD or a court order may be required to satisfy the specific "visa handbook" rules of the destination country.

Note: This article provides a general overview of Philippine law as of current standards. Legal procedures may vary based on specific local court rules and the requirements of the receiving country's immigration laws.