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:
1.2 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:
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.
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).
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.