What is legitimation?

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 (Illegitimate child can become legitimate without court order, Dear PAO, Manila Times, Dec. 6, 2014).


Who can be legitimated?

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. 177, Family Code, as amended by Republic Act 9858 approved on December 20, 2009). 


What requisites that must be complied with in order that a child may be legitimated?

To qualify for legitimation, the following requisites must be complied with:

1. The child was conceived and born outside of wedlock

2. At the time of the conception of the child, the parents were not disqualified by any impediment to marry each other except when they were disqualified because either or both of them were below 18 years of age; 

3. The parents of the illegitimate child must subsequently enter into a valid marriage


Why only 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?

The reasons for this limitation are given as follows:

1) The rationale of legitimation would be destroyed;

2) It would be unfair to the legitimate children in terms of successional rights;

3) There will be the problem of public scandal, unless social mores change;

4) It is too violent to grant the privilege of legitimation to adulterous children as it will destroy the sanctity of marriage;

5) It will be very scandalous, especially if the parents marry many years after the birth of the child. (The Family Code, p. 252, Alicia v. Sempio Diy cited in Abadilla vs. Tabiliran, A.M. No. MTJ-92-716, October 25, 1995).



When shall legitimation takes place?

Legitimation shall take place by a subsequent valid marriage between parents (Art. 178, Family Code). 


Will annulment of a voidable marriage affect the legitimation of the child?

The annulment of a voidable marriage shall not affect the legitimation (Art. 178, Family Code). 


What are the rights of legitimated children?

Legitimated children shall enjoy the same rights as legitimate children (Art. 179, Family Code). 


What are the effects of legitimation?

1. Legitimated children shall enjoy the same rights as legitimate children (Art. 179, Family Code).

2. The effects of legitimation shall retroact to the time of the child's birth (Art. 180, Family Code).  

3. The legitimation of children who died before the celebration of the marriage shall benefit their descendants (Art. 181, Family Code). 


Who can impugn legitimation and when should it be made?

Legitimation may be impugned only by those who are prejudiced in their rights, within five years from the time their cause of action accrues (Art. 182, Family Code).