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).
In
order that a child may be legitimated, what requisites must occur?
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
3. The
parents must subsequently enter into a valid marriage
When 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).
Rights of legitimated children
Legitimated children shall enjoy the same rights as
legitimate children. (Art. 179, Family Code).
Retroactive effect of legitimation
The effects of legitimation shall retroact to the
time of the child's birth (Art. 180, Family Code).
Legitimation benefits child’s descendants
The legitimation of children who died before the
celebration of the marriage shall benefit their descendants (Art. 181,
Family Code).
Who can and when to impugn legitimation; grounds
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).
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•
If at the time of the child’s conception,
there is a legal impediment to the marriage of the biological parents, the
child cannot be legitimated under Article 177. For example, if any of the
biological parents was validly married to another person at the time of the
conception of the child in question, the child cannot be legitimated
• Effects of legitimation
1. Legitimated
children enjoy the same rights as legitimate children.
2. The effects of legitimation retroact to the time of the child's birth.
3. The legitimation of children who died before the celebration of the marriage benefit their descendants.
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