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What is the legitimation and who can be legitimated?


What is the legitimation and who can be legitimated?

  1. Legitimation is a remedy by means of which those who in fact were not born in wedlock and should therefore, be considered illegitimate, are, by fiction, considered legitimate, it being supposed that they were born when their parents were already validly married. (1 Manresa 550, as cited on p. 251, Handbook on Family Code of the Philippines, Alicia V. Sempio-Diy)
  2. 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. (Art. 177, Family Code)
  3. Legitimation of children by subsequent marriage of parents shall be recorded in the civil registry office of the place where the birth was recorded. The requirements for registration of legitimation of illegitimate children are:
    • Certificate of Marriage;
    • Certificate of Live Birth of the child;
    • Acknowledgement (not required for illegitimate children born on or after August 3, 1988);
    • Affidavit of legitimation executed by both parents shall contain the following facts:
      1. The name of the parents;
      2. That at the time when child was conceived, the aforesaid parents could have contracted marriage, and that they subsequently contracted marriage;
      3. The date and place when such marriage was solemnized;
      4. The name of the officer who officiated the marriage;
      5. The city or municipality where such marriage was recorded;
      6. The name of the child to be legitimated, and the other facts of birth;
      7. The date and place where the birth of the child was registered; and
      8. The manner by which the child was acknowledged by the parents which may be in the child's record of birth, in a will, a statement before a court of record, or any authentic writing. (not required for illegitimate children born on or after August 3, 1998)
  4. 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;
    • The the child has been acknowledged by the parents before or after the celebration of their marriage; and
    • The acknowledgement has been made with the consent of the child, if age or with the approval of court, is a minor, unless it has been made in the certificate before the court of record, or in any authentic writing.
The original family name of the child as appearing in Registrar of Births shall not be erased or deleted, but in the remarks space shall be written "Legitimated by Subsequent Marriage" indicating the family name which the child shall bear by virtue of the legitimation also giving reference to the entry number in the Registrar of Legal Instruments.

When the interested party requests a copy of the birth certificate of a legitimated child a certified copy of the certificate of Live Birth bearing annotation "Legitimated by Subsequent Marriage on __________ (date of marriage) at __________ (place of marriage)" or a certified transcription using standard form from the Register of Births bearing the effects of legitimation and the same annotation indicated in the certified true copy shall be issued. (Rule 66, A. O. No. 1, S. 1993)