Illegitimate child can become legitimate without court order

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Persida Acosta

Persida Acosta

Dear PAO,
My status in my birth certificate is illegitimate because my parents were not yet married when I was born in 1986. They got married only when my sibling was born in 1992. May I avail of the process of legitimation?
J.A.

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Dear J.A.,
Legitimation is a process wherein a child who was born out of wedlock and is therefore, considered illegitimate, shall, by fiction, be considered legitimate upon the valid marriage of his parents. This process, however, only applies to parents of an illegitimate child who, at the time of the child’s birth, were not under any legal impediment to marry except the impediment of minority at the time of his birth (Section 1, Republic Act (RA) No. 9858).

To qualify for legitimation, the following requisites must be complied with: the parents of the illegitimate child were not under any legal impediment to marry each other except when they were disqualified because either or both of them were below 18 years of age; and subsequent valid marriage between the parents of the illegitimate child (Section 1, RA No. 9858).

If both of the aforementioned requisites are present in your case, you may avail of the process of legitimation by filing an application with the Civil Registry Office where your birth certificate was registered. Once you have complied with the documentary requirements for legitimation, your status will be changed from illegitimate to legitimated without need of court order.

On the other hand, you may not undergo the process of legitimation if at the time of your birth, your parents have a legal impediment to marry aside from the legal impediment of minority. Nevertheless, your status may still be elevated to that of a legitimate child through adoption. In such case, your parents shall need to file a petition for your adoption before the family court of the place where you are residing. If the petition is granted, you will become their adopted child and shall have the same rights and obligations as that of a legitimate child.

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts that you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net

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5 Comments

  1. Gud pm po sir
    Hindi po kami kasal ng partner ko at may isa po kaming anak. Ang sistema po namin sya po ang nag wowork at ako po ang assign sa bahay at lalo na po ako po ang kasama sa paglaki ng anak ko. Ngayon po nag hiwalay po kami. Gusto ko lang po alamin ang right ko bilang tatay ng bata kasi ako na po nakasama ng anak ko since birth. Di ko naman po habol ang full custody ng bata. Gusto ko lang naman po malaman kung may rights po ba ako sa bata na hiramin pag weekend. Ayaw po kasi ipasama or hiramin ang bata.ano po ba ang gagawin ko at karapatan ko? Sobrang mahal ko po kasi ang anak ko at ganun din po ang anak ko sakin. Hingi po ako ng advice kung sino po ang expert regarding this matter. Thank you po.

    Aaron kessel

  2. Romeo A. Ybanez on

    I am confused. My daughter and her partner are not disqualified to marry because of young age. Does this means that if they eventually marry my granddaughter will go through a court process to become legitimate child?

    • Your granddaughter can become legitimate without the need of a court order. Just go to the Local Civil Registrar and apply for legitimation. This is the easiest and fastest method. Adoption is not needed.

    • Sir Romeo,

      Read the article again po. :) It says that once the parents of the illegitimate child get married (meaning, they are able to do so because they are not disqualified to marry each other, for any reason), then all they have to do is “avail of the process of legitimation by filing an application with the Civil Registry Office where your [granddaughter’s] birth certificate was registered. Once the documentary requirements of legitimation are complied with, the status of your graddaughter will be changed from illegitimate to legitimated without need of court order.

      Sa tagalog po, kung nagpakasal na yung anak niyo at ang partner niya, dahil wala namang impediment sa pagpapakasal nila, pwedeng malegitimize ang apo niyo. Kailangan lang mag-apply sa Civil Registrar kung saan naregister yung pagkapanganak ng apo niyo; kung saan nakaregister yung birth certificate ng apo niyo. Sundan lang yung requirements at process, at pwede nang mabago. Di na kailangan pumunta pa ng korte.

      Sana di na po magulo. Good luck po!