Children conceived or born during the marriage of the parents are legitimate. It is extremely important that this item (Item 18) is not left blank, otherwise, the legitimacy of the child will be questioned. Further, it is important to note that many jurisdictions have also recognised children born during a marriage that is void or voidable, or children born in a marriage that is later annulled, as legitimate. All rights reserved. Legitimated children enjoy the rights of legitimate children… The instrument shall be recorded in the civil registry together with the birth certificate of the child. When the father or the mother makes the recognition separately, he or she shall not reveal the name of the person with whom he or she had the child; neither shall he or she state any circumstance whereby the other parent may be identified (Art. General Requirements. Indeed, many of us are somewhat familiar with the meaning of both terms. The birth certificate in such a case must have a remark "With Attached Affidavit of Admission of Paternity" impressed with a rubber stamp at the upper left-hand margin and duly signed by the local civil registrar or authorized civil registry personnel. 1, Art. Many jurisdictions have recognised the rights of an illegitimate child while some nations recognise that an illegitimate child has the same rights as a legitimate child. For a child born to a legally married couple, write the last name of father ; For a child born to a mother who is not married during a pregnancy and at the time of birth, the following rules shall apply: If the child was born on or after 3 August 1988, write the last name of the mother. 165, F.C.). In ancient legal systems, a legitimate child was automatically granted a status of legitimacy. Essentially, they refer to a lawful child or unlawful child. Terms of Use and Privacy Policy: Legal. Is it important to indicate the date and place of the marriage of the parents in the certificate of live birth? 147 s. 1986, Minister of Justice). • Traditionally, an illegitimate child was recognised as not having any legal status and , therefore, not recognised before the law. 4 In the Philippines, possession of a legitimate status is What if the child is illegitimate, you ask? 278, C.C.). Read on and learn the details of how you can apply for a passport of an illegitimate child. Entries such as "Jr." of "II" affixed to an individual's first name to distinguish him from an ascendant of the same name are acceptable as added identification. (Section 1 OCRG Circular No.4 dated October 11, 1988). It also bears importance in cases where the child was born prior to March 19, 2004 and the latter wants to use the surname of the father. p. 14-15). In case of illegitimate children, they receive ½ of the share of a legitimate child (Articles 892-901 New Civil Code). This situation has changed. If the child was born before 3 August 1988: Enter the last name of the father if both parents execute the Affidavit of Acknowledgement at the back of the Certificate of Live Birth. 225, Civil of the Philippines). The affidavit mentioned in the immediately preceding paragraph, if executed by the father shall be permanently attached to and shall form part of the birth certificate of the illegitimate child. He shall indicate the date when he received the document, and shall sign over his printed name in appropriate space in the Certificate of Live Birth. 147 s. 1986, Minister of Justice) The full name of an individual consists of a first or given name, a middle name which is the mother's maiden surname and the last name which is generally the father's surname. Enter "Not Married" if the parents of the child are not legally married on or before the birth of the child and their names appeared in Item 6 and Item 13. Further, as per early law traditions, the father of the illegitimate child was not under obligation to provide support. p. 24-25). The date indicates whether the birth certificate was filed within the reglamentary period. 980. 1, Art. Philippine laws provide for the rights of children, both legitimate and illegitimate, to inherit from their parents. 178, Family Code of the Philippines). Thus, an illegitimate child had no legal rights. Thus , an illegitimate child could not inherit his/her father’s property, could not use his surname and was not entitled to paternal support. In fact, today, many countries have accepted and recognised a concept called ‘legitimation.’ This is a process by which an illegitimate child is ‘legitimized’ owing to the subsequent marriage of the child’s parents, or when the parents are treated as legally married in certain circumstances. To begin with, here are the general requirements according to the DFA website: Personal appearance of the minor applicant. Legitimate child have the right to bear the surname of the father and of the mother. 1, s. 1993" ; and, The civil registrar of the city or municipality where the out-of-town reporting is sought, upon receipt of the Certificate of Live Birth and pertinent papers, shall proceed with the registration. Filed Under: Legal Tagged With: illegitimate and legitimate child, illegitimate child, illegitimate child definition, illegitimate child meaning, illegitimate child means, lawful child, legitimate and illegitimate child, Legitimate and Illegitimate Child difference, legitimate child, legitimate child definition, legitimate child meaning, legitimate child means, unlawful child. No. Some states require that the child present evidence of paternity to claim support and/or other rights. The annulment of a voidable marriage shall not affect the legitimation (Art. In this case, no information should lead to the identity of the parent not acknowledging the child, that is, the space provided for the information about the parent must have "Not Applicable" or "N.A."


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