Illegitimate Children
Children conceived and born outside a valid marriage are illegitimate, unless otherwise provided in the Family Code (Art. 165, FC)
Proof of filiation of
illegitimate children; when and how to bring action to claim filiation
Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children. The action must be brought within the same period specified in Article 173, except when the action is based on the second paragraph of Article 172, in which case the action may be brought during the lifetime of the alleged parent (Art. 175, FC)
How can the filiation of illegitimate children be
proved?
The filiation of illegitimate children is established by any of the following:
The filiation of illegitimate children is established by any of the following:
1. The
record of birth appearing in the civil register or a final judgment;
2. An admission of illegitimate filiation in a public
document or a private handwritten instrument and signed by the parent
concerned.
In the absence of these evidence,
the legitimate filiation is proved by:
1. The open and continuous possession of the status
of a legitimate child; or
2. Any other
means allowed by the Rules of Court and special laws.
Who should file the action to claim the status of
an illegitimate child? When should it be filed?
Based on Article 175, the action to claim the status of an illegitimate child must be filed:
1. by the guardian of a child who is a minor, or is incapacitated or
insane, during the child’s lifetime;
2. by the child, upon reaching the age of majority. If the child dies after reaching the age of majority
without filing the action, the heirs cannot file it.
3. by the child’s heirs if the child dies during minority or insanity,
within five years from the death.
If
the ground for filing the action is open and continuous possession of the
status of a illegitimate child, it must be filed during the lifetime of the
alleged parent. (Article
175, 2nd paragraph)
Rights of illegitimate children
Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. However, illegitimate children may use surname of their father if their filiation has been expressly recognized by the father through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is made by the father. Provided, the father has the right to institute an action before the regular courts to prove non-filiation during his lifetime. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child (Art. 176, FC as amended by Republic Act 9255, approved February 24,2004).
1. Surname. Illegitimate children shall use the surname of their mother. They may use the surname of their father if their filiation has been expressly recognized by the father through the record of birth appearing in the civil register, or when admission in a public/private handwritten instrument is made by the father. If the father does not recognize the child, the entry for middle name in the birth certificate must be left blank.
2. Parental Authority. Illegitimate children shall be under the parental authority of their mother.
3. Legitime. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child.
4. Support. Illegitimate children are entitled to support in conformity of the Family Code.
1. Surname. Illegitimate children shall use the surname of their mother. They may use the surname of their father if their filiation has been expressly recognized by the father through the record of birth appearing in the civil register, or when admission in a public/private handwritten instrument is made by the father. If the father does not recognize the child, the entry for middle name in the birth certificate must be left blank.
2. Parental Authority. Illegitimate children shall be under the parental authority of their mother.
3. Legitime. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child.
4. Support. Illegitimate children are entitled to support in conformity of the Family Code.
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