The VERifier Talks About Legitimation!

This post was reproduced from The VERifier:

The Case of the Legitimated Child

In Legitimation on May 30, 2011 at 9:33 am

A legitimated child is a child 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. (Art. 177, FCP)

Nature of Legitimation:

1. Legitimation shall take place by the subsequent marriage of the parents.

2. The effects of legitimation shall retroact to the date of birth.

3. Legitimation takes place by operation of law.

4. Legitimation takes place only if the parents were not under any legal impediment to marry each other at the time the child was conceived.

While legitimation takes place by operation of law, the subsequent marriage of the parents does not automatically convert a child’s status from illegitimate to legitimated.

No court order is required for the change in status, but the birth record of the child must be changed accordingly through the Local Civil Registrar’s Office (LCRO).

Read the procedure below:

1. Both parents must execute an Affidavit of Legitimation containing the following facts (www.census.gov.ph):

1.1 the names of the parents;

1.2 that at the time when child was conceived, parents could have contracted marriage, and that they  subsequently contracted marriage;

1.3 the date and place when such marriage was solemnized;

1.4 the name of the officer who officiated the marriage;

1.5 the city or municipality where such marriage was recorded;

1.6 the name of the child to be legitimated, and the other facts of birth;

1.7 the date and place where the birth of the child was registered ; and

1.8 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 in any authentic writing (not required for illegitimate children born on or after 3 August 1988—the effectivity of the Family Code)

2. The above affidavit must be registered in the local civil registry office of the place where the birth was recorded.

Upon registration of the affidavit of legitimation, this has the following effects:

  1. 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.
  2. 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 the 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).
Sources: http://www.manila-legal.com/surname-of-a-legitimated-child/
                 http://www.census.gov.ph/data/civilreg/civapfaq.html#legitimation
Note: By virtue of Republic Act No. 9855, enacted in 2009, the definition of legitimated children was expanded to include those conceived and born outside of wedlock of parents who were disqualified only because either or both of them were below eighteen (18) years old when the child was conceived.
For further questions on legitimation, please feel free to email us at verifiedinc@gmail.com or verifiedinc@yahoo.com.
Best Regards,
The VERifier
Your NSO Birth Certificate Guidance Counsellor

4 thoughts on “The VERifier Talks About Legitimation!

  1. Charibie P. Apao says:

    Can I have a direct access on NSO?..so i can get my birth certificate legitimated as soon as possible, if it can be not more than a month.I badly need it.Would it be possible?

    • michecesa says:

      You may call the NSO at 926-3333. But legitimation cannot be filed directly with them, but with the local civil registrar of the place where you were born.

    • michecesa says:

      You may file an application for legitimation, in the local civil registrar’s office where your child was born.

      No need for a lawyer to do this procedure.

      However, we encourage you to contact VERified Inc at 027051265/027051277 to set an appointment with one of their birth certificate specialists. This consultation will provide you with valuable advise on how to proceed with the correction, length of time you need for the procedure, and the requirements that you need to prepare.

      Thanks.

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