An illegitimate child’s birth right may be changed to legitimate after his biological parents marry. Below is a complete how-to guide we lifted from the website of the Philippine Statistics Authority (PSA) for your reference.
What is LEGITIMATION?
Legitimation is a remedy for those born out of wedlock and are considered illegitimate to be considered legitimate.
Who are qualified to undergo legitimation?
Only children conceived and born outside of wedlock of parents who at the time of the conception of the former, were not disqualified by any impediments to marry each other, may be legitimated.
Where should I file the legitimation of my child?
Legitimation of children must be filed at the civil registry office of the place where the child’s birth was recorded.
- PSA Marriage Certificate of parents
- PSA Birth Certificate of the child
- Acknowledgment (not required if child was born on or after August 3, 1988)
- Affidavit of legitimation executed by both parents which shall contain the following facts:
- Names of parents
- That at the time when the child was conceived, the aforesaid parents could have contracted marriage, and that they subsequently contracted marriage.
- The date and place when such marriage was solemnized.
- The name of the officer who officiated the marriage.
- The city or municipality where such marriage was recorded.
- The name of the child to be legitimated and other facts of birth.
- The date and place where the birth of the child was registered.
- The manner by which the child was acknowledged by the parents which may be in the child’s birth record, in a will, a statement before a court , or in any authentic writing (not required for illegitimate children born on or after August 3, 1988.)
For a child to be considered legitimated by subsequent marriage, it is necessary that:
- The parents could have legally contracted marriage at the time the child was conceived.
- That the child was been acknowledged by the parents before or after the celebration of their marriage.
- The acknowledgment has been made with the consent of the child, if age or with the approval of the court, if a minor, unless it has been made in the certificate before a court of record, or in any authentic writing.
Will the child’s last name be changed?
Yes, after the legitimation, the child may start using his or her father’s last name. However, his last name as it appears in the Registrar of Births shall not be erased or deleted; instead, an annotation shall be made in the remarks space in his birth certificate, indicating the last name that he shall bear by virtue of the legitimation. A note stating: “Legitimated by Subsequent Marriage”
If the parents annul their marriage later on, will it affect the child’s legitimation?
The annulment of a voidable marriage shall not affect the legitimation (Art. 178, Family Code of the Philippines).
If you have more questions about legitimation, you can send me an email or comment below and I will try to find the answers.
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