In the Philippines, the legal status of a child is primarily determined by the marital status of the parents at the time of conception or birth. When a child is born to parents who were not married to each other at the time of birth, the child is classified as illegitimate.
However, Philippine law provides a mechanism called Legitimation to remedy this status, granting the child the same rights as a legitimate child.
1. What is Legitimation?
Legitimation is a process where a child born out of wedlock is considered legitimate by operation of law due to the subsequent valid marriage of the parents. This process is governed by the Family Code of the Philippines (specifically Articles 177 to 182) and further clarified by Republic Act No. 9858.
The Legal Requirements
For a child to be eligible for legitimation, the following criteria must be met:
- Status at Conception: At the time the child was conceived, the parents must not have been disqualified by any legal impediment to marry each other.
- Subsequent Marriage: The parents must enter into a valid marriage after the child's birth.
- RA 9858 Extension: Previously, only children of parents with no legal impediment could be legitimated. Under RA 9858, even if the parents were disqualified due to being "minor age" (under 18), they can still legitimate the child once they marry, provided there were no other impediments like an existing prior marriage.
2. The Process: Updating the Birth Certificate
Legitimation does not happen automatically on the birth certificate just because a marriage license is signed. It requires an administrative process through the Local Civil Registrar (LCR) where the birth was recorded.
Required Documents
To initiate the update, the following are typically required:
- Certificate of Live Birth (COLB) of the child.
- Marriage Certificate of the parents (PSA Authenticated).
- Affidavit of Legitimation: A sworn statement executed by both parents.
- CENOMAR (Certificate of No Marriage): For both parents, to prove there were no prior legal impediments.
The "Annotated" Birth Certificate
Once the LCR processes the application, they will not issue a "new" birth certificate in the sense of deleting the old one. Instead, they will issue an Annotated Birth Certificate.
- The original details remain, but a side note (annotation) is added stating that the child is now legitimated by virtue of the parents' marriage.
- The child's surname is usually changed to the father’s surname if it wasn't already.
3. Mandatory Parent Participation
One of the most critical aspects of legitimation is the Affidavit of Legitimation. This document is a joint statement that must be signed by both the father and the mother.
Why Both Parents Must Participate
- Acknowledgment of Paternity: If the father did not sign the birth certificate at the time of birth, the Affidavit of Legitimation serves as his formal legal acknowledgment of the child.
- Consent and Verification: The law requires both parents to attest to the facts of the birth and the subsequent marriage.
- Cases of Absence: If one parent is deceased, the surviving parent can execute an affidavit supported by the death certificate. If one parent refuses to cooperate, the legitimation may require a court intervention (judicial process) rather than a simple administrative one.
4. Legal Effects of Legitimation
Once the process is complete, the child enjoys several key rights:
- Succession: The child has the same inheritance rights as "legitimate" siblings.
- Support: The child has a right to financial support from both parents.
- Surname: The child has the right to use the father's surname as a matter of right.
Important Note: Legitimation is retroactive. Once the requirements are met and the process is recorded, the effects of legitimation "cleanse" the status of the child from the moment of birth.
5. Summary Table
| Feature | Details |
|---|---|
| Legal Basis | Family Code of the Philippines & RA 9858 |
| Core Requirement | Subsequent valid marriage of biological parents |
| Impediment Rule | Parents must have been free to marry at time of conception |
| Primary Document | Joint Affidavit of Legitimation |
| Output | Annotated Birth Certificate from the PSA |
Would you like me to draft a sample template for an Affidavit of Legitimation or list the specific fees currently charged by the Philippine Statistics Authority (PSA) for these updates?