Query: What defines a legitimate child in the Philippines?
In the Philippines, a legitimate child is defined by the Family Code as one who is born during a valid marriage between the mother and the father, or within 300 days following the termination of such marriage due to either the death of the husband or through legal separation, provided the child was conceived prior to the termination of the marriage. This legal definition underscores the significance of marital bonds in determining the legitimacy of a child.
Legal Implications of Being a Legitimate Child
The status of legitimacy grants a child various rights under Philippine law, which includes but is not limited to, the right to bear the surname of the father and the mother, and the right to inherit from the parents and other relatives in accordance with the laws of succession. Legitimate children are entitled to full legitimacy support, which encompasses everything necessary for their sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family.
Establishment of Legitimacy
The presumption of legitimacy can be challenged only under strict conditions and within the periods specified by law. For a child’s legitimacy to be contested, it must be shown that there was physical impossibility for the husband to have access to his wife during the period of conception. This could include instances where the husband was living in another place, was seriously ill, or other similar situations, and the situation was known to the community.
Rights and Inheritance
Legitimate children automatically have a share in the divisible estate of their deceased parents. According to the New Civil Code of the Philippines, legitimate children and their descendants inherit from their parents and ascendants, without distinction as to sex or age, and even if they are born after the death of the deceased.
Implications of Illegitimacy
It’s important to differentiate between legitimate and illegitimate children as the latter category, those born out of wedlock and not later legitimized, enjoy different rights especially in terms of succession and the use of the surname, which generally follows the mother, unless otherwise recognized by the father.
In conclusion, the status of a child as legitimate in the Philippines carries significant legal implications that affect their familial rights, particularly in matters of succession and identity. These rights are designed to protect the welfare and inheritance entitlements of children born within a legal marital framework, thus reflecting the societal and legal importance placed on marriage and family.