• Minority no longer an impediment to legitimation

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    Persida Acosta

    Persida Acosta

    Dear PAO,
    I got pregnant and gave birth to a baby boy at the age of 17. Eventually, I married the father of my child when I was 23 years of age. I would like my son to be legitimated, hence, I have looked at the provisions of the Family Code as to the requirements of legitimation and I have read that under Article 177: “(O)nly children conceived and born outside of wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other may be legitimated.” What are these impediments, do they include minority?
    Servanda

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    Dear Servanda,
    Article 177 of the Family Code of the Philippines is already amended by Republic Act (RA) 9858 or An Act Providing for The Legitimation of Children Born to Parents Below Marrying Age, Amending for the Purpose the Family Code of the Philippines, as amended.

    Section 1 of the above-mentioned law states:

    Article 177 of Executive Order No. 209, otherwise known as the “Family Code of the Philippines,” as amended, is hereby further amended to read as follows:

    “Art. 177. Children conceived and born outside of wedlock of parents who, at the time of conception of the former, were not disqualified by any impediment to marry each other, or were so disqualified only because either or both of them were below eighteen (18) years of age, may be legitimated.

    “Art. 178. Legitimation shall take place by a subsequent valid marriage between parents. The annulment of a voidable marriage shall not affect the legitimation.”

    In your situation, you can have your son legitimated because minority is no longer an impediment as clearly stated by the above-mentioned provisions of law. Before a child may be legitimated, the following shall be established (Rule 3, National Statistics Office, Administrative Order No. 1, Series of 2010):

    3.1 The parents are not disqualified to marry each other by any legal impediment at the time of conception of the child, or are so disqualified because either or both of them is/are minor parent/s;

    3.2 The child is conceived and born outside a valid marriage.

    3.3 The parents subsequently enter into a valid marriage.

    We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts 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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