Mommy writer and you may mompreneur Ayi Dela Cruz offers what she got to-do to evolve the girl child’s standing of “illegitimate child” so you can “legitimated” after she and her child’s father got partnered.
You will find a confession and also make: I got pregnant in advance of I happened to be hitched on my upcoming-date, now-spouse. It absolutely was summer off 2011 and i got simply finished my personal first year in law college once i found out I’d an effective bun in the oven. Obviously, my personal mothers just weren’t very happy about this. My (kind of) conventional dad desired us to get married, whether or not they meant civil rites, on baby’s purpose. My personal discover-minded mom, concurrently, was not enthusiastic of the idea of engaged and getting married kasi nabuntis.
In the course of time, i don’t get married but as a result, our very own kid are “illegitimate.” I did not worry too much no matter if since i realized we’d eventually wed and since my personal child try approved not as much as Republic Act 9255, also known as Revilla amendment (sure, such as the latest Ramon Revilla Sr. which means you obtain the picture). Brand new modification says you to as long as the daddy approved the new kid, the child age.
Then i got expecting that have Kid Zero. dos, who was as well as recognized by my personal today-spouse. My dad again raised the main topic of matrimony – and that so you can appease your and legal explanations – we finally offered for the. Immediately after our very own municipal matrimony, not just got we obtain couple, however, more to the point our children you will now transform the updates from “illegitimate” so you’re able to “legitimated.”
What is the huge difference: Genuine, Legitimated and you will Illegitimate guy
Blog post 164 of the Family Password talks of “Genuine guy” since the anybody formulated or produced during the a valid relationship. Whether or not your relationships was annulled, people son created prior to judgment out of annulment otherwise pure nullity regarding relationship has been a legitimate son.
Additionally, a keen “Illegitimate child” are a person who is actually devised and you will created outside of a valid marriage. It indicates the little one are something of a common legislation marriage (there was nonetheless no court ous or dating, incestuous matrimony, people below 18 and other types of gap ily Password. Whenever a child was illegitimate, he could be expected to use the mom’s surname unless of course the kid try expressly recognized by the daddy, according to Republic Work 9255.
Whenever a kid is actually accepted, there’ll be an annotation into kid’s delivery certification one to claims, “Acquiesced by Father pursuant in order to RA 9255.” Up coming towards 2nd page, both dad and mom need indication the new Affidavit off Acknowledgement/Entry off Paternity once the shown lower than:
Lastly, a child is actually “legitimated” whenever a legitimate relationships between your physical moms and dads takes place just after the child is born. So you can be eligible for legitimation, another requirements should be complied which have:
- the little one is illegitimate,
- in the course of conception, this new child’s moms and dads commonly disqualified from marrying one another otherwise just weren’t permitted to wed because they are both below 18 yrs old, and you can
- there’s valid relationship after the child’s birth.
Expertise Legitimation
Considering Article 177 of your own Family unit members Password, “Merely youngsters designed and you may created away from wedlock from moms and dads whom, at the time of the new conception of previous, just weren’t 
disqualified by any obstacle so you’re able to wed one another may end up being legitimated.”
Thus pursuing the relationship, the fresh new illegitimate boy immediately gets legitimated and you will shall benefit from the exact same rights since the genuine students pursuant to Blog post 179 of one’s Friends Password. Bear in mind your surgical keyword is “automatic.”
Along with, the consequences regarding legitimation try retroactive at the time of the newest children’s delivery, and therefore it’s since if your child was legitimate in the begin.
The next matter now is, what the results are following relationships? Can there be something that must be done to be sure your legitimated kid enjoys some great benefits of genuine children?
In my situation, this is a gray city. I found myself privileged when deciding to take up Nearest and dearest Legislation lower than Atty. Katrina Legarda in my first year. About what I recall throughout the our talks throughout the Paternity and you can Filiation, legitimation happens automatically on ily Code doesn’t need you to definitely do just about anything to make certain legitimation – if you wed, do not have courtroom hurdles at the time of the newest child’s delivery and including wedding is valid.
Started to view it. As to why pose a burden to the a great kid’s standing when there is appropriate wedding involving the parents. Even when the relationship is just after birth, best? It isn’t brand new kid’s fault in any event.
Yet not, the fresh National Statistics Office requires the moms and dads to perform a keen Affidavit off Legitimation. And this need to be registered regarding regional civil registrar of your own area or town where in actuality the birth was registered.
It has to keep the following:
- Names of your own mothers
- County the reality that the parents was basically absolve to price wedding during the time of conception together with then contracted a valid matrimony
- The latest day and place out of further relationships, like the area or town in which the marriage try registered
- Name/s of kid become legitimated, and day and place where delivery are recorded
- Manner about how the kid/ren was accepted. This is thanks to RA 9255 due to the fact revealed throughout the birth certificate. An announcement ahead of a courtroom from listing, will otherwise people genuine file.
After you fill out this new Affidavit regarding Legitimation in the city or town the spot where the child’s delivery try registered. The reality that out of legitimation might possibly be annotated with the children’s birth certification. In the event the son is not with the father’s surname. e composed to your birth certificate won’t be deleted.