Legitimation of Illegitimate Child Born to Minor

Someone asked me, "I have a friend who...

wants to know if children sired by minors outside marriage can be legitimated? The article of Atty. P.A. in today's Bulgar (12/24/2013) said they cannot. But your lecture note says they can."

My answer is they can now be legitimated. Previously, the rule was only children born to parents who were not disqualified to marry at the time of birth were allowed to be legitimated. Legitimated is the process of raising by legal fiction the status of a child from illegitimate to legitimate through the subsequent marriage of his biological parents.

But in December 2010, Congress passed R.A. 9858, http://www.lawphil.net/statutes/repacts/ra2009/ra_9858_2009.html, now amends the Family Code to read:

"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."


Therefore, if the only disqualification from marriage of the parents were their minority, then the child could be legitimated. Hence, Atty. P.A. is wrong.

The Affidavit of Legitimation to be filed with the local civil registrar should contain:

1. Names of parents and place of residence;
2. Date and place when such marriage was solemnized;
3. Name of the officer who officiated the marriage;
4. Name of the child to be legitimated;
5. Date and place where the child was born;
6. A statement that at the time when the child was conceived, the aforesaid parents were not disqualified by any impediment to marry each other except age, and that they subsequently entered into a valid marriage; and
7. A statement that by virtue of the subsequent marriage, the said child is now legitimated