Tag Archive: Legitimation


06 - 05 (2)

Minerva was already 23 years old when she learned that her father is married with children before she was born.  She learned about it the hard way – when she landed her first job, her supervisor turned out to be her father’s eldest son from his previous marriage, making him her half-brother.

She did her research and found out that her father’s marriage with his previous wife is still in effect; he had not filed for an annulment and in fact, has been sending financial support for his children while staying with Minerva and her mom!

What proved to be more difficult and confusing for Minerva is the fact that her status in her birth certificate is ‘Legitimated’ (due to subsequent marriage).  As far as she knows, she was born before her father (who was presumed to be single then) and mother were ‘married’.  They got married when Minerva was 7 years old, she even stood as flower girl during their wedding!

Now that it looks like her father is not even legally capable of ‘marrying’ her mother in the first place, what does that make of her ‘legitimation’?

What is ‘Legitimation’?

According to the Philippine Statistics Authority (PSA) website, legitimation is a remedy by means of which those who in fact were not born in wedlock and should, therefore, be considered illegitimate, are by fiction, considered legitimate, it being supposed that they were born when their parents were already validly married.

Who can be ‘Legitimated’?

Legitimation may be done for children who were conceived before their biological parents were married, provided that their parents were not disqualified by any impediments to marry each other.

For a child to be considered legitimated by subsequent marriage, it is necessary that:

  • The parents could have legally contracted marriage at the time the child was conceived;
  • That the child has been acknowledged by the parents before or after the celebration of their marriage; and
  • The acknowledgment was made with the consent of the child, if age or with the approval of the court, if a minor, unless it has been made in the certificate before a court of record, or in any authentic writing.

In all aspects, Minerva’s legitimation would have been legal and binding except for the fact that her father is married to another woman at the time he ‘married’ Minerva’s mother.  Effectively, this invalidates Minerva’s legitimation because the marriage between her parents is invalid.  In fact, she is not even qualified for legitimation.

Can a legitimation be cancelled?

Yes it can be cancelled by filing a petition for cancellation before the court where the petitioner’s birth certificate was registered.  The petitioner will need the assistance and guidance of a lawyer.  When approved, the civil registrar shall again annotate in the birth certificate that the ‘legitimation’ (also a previous annotation) is hereby cancelled.

Source: www.psa.gov.ph

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02-07

A child born out of wedlock is an illegitimate child.  Under the law, such children shall carry their mother’s last name on their birth certificates unless their father provides his consent to let the child use his last name.  In cases when the parents of an illegitimate child decide to marry later on, the child’s status is effectively changed to “legitimate”.  And as a legitimzied child, he or she is given the same entitlements as that of a legitimate child, retroacting to the time of the child’s birth.  This includes the child’s right to use her father’s surname.

So how come “legitimized” children, who have been using their father’s last name since after their parents got married (after their birth), are still required to execute an AUSF (Affidavit to Use Surname of Father) if they want to use their father’s last name on their passports?  (Otherwise, their passports shall bear the last name of the mother as if their birth right is still illegitimate).

When a child is “legitimized”, certain procedures must be undertaken in order to apply the child’s father’s last name on the child’s birth certificate.  Unless the necessary amendments and attachments have been officially applied on the child’s birth certificate, her right to use her father’s last name may still be questioned.

When applying for a passport, the DFA requires a copy of the applicant’s PSA Birth Certificate.  This shall be their basis for the person’s information, including and most especially, the person’s name.  If the birth certificate is not supported by documents attesting to the fact that the person has been “legitimized”, he or she may not be able to use the father’s last name on his passport.

If you were legitimized (due to subsequent marriage of your parents), you need to accomplish the following in relation to your use of your father’s last name:

a. Visit the office of the Local Civil Registrar where your birth was registered and secure the following documents:

  • Affidavit of Paternity/Acknowledgment (certified photocopy)
  • Joint Affidavit of Legitimation
  • Certification of Registration of Legal Instrument (Affidavit of Legitimation)
  • Certified True Copy of Birth Certificate with remarks/annotation based on the legitimation by subsequent marriage.

b. Verify that the birth certificate (of the legitimated child) and the marriage contract of the parents have been certified by the PSA.  If not, secure it from the city or municipal Civil Registrar’s Office where the child was registered and where the parents were married.

When applying for a passport and you would like to use your father’s last name:

  • Bring a copy of your PSA Birth Certificate.
  • Check to make sure that your copy includes an annotation regarding your new status as legitimated.
  • If the legitimized child is still a minor, the mother must be present during the passport application.
  • If the mother is abroad, the person accompanying the child (including the father), must be able to execute the following:
    • Affidavit of Support and Consent
    • Special Power of Attorney authenticated by the Philippine Embassy in the country where the mother resides.

A legitimized child may use her father’s last name on her passport provided her PSA Birth Certificate bears the necessary annotations regarding her legitimation and documented proof that the father has allowed the child to use his last name (AUSF, Affidavit of Support and Consent).

Sources:

http://www.dfa.gov.ph/

https://psa.gov.ph/content/application-requirements

http://www.manilatimes.net/illegitimate-child-has-to-use-mothers-surname/230283/

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31

Parents who have children born before they were married can have their children legitimized by executing an Affidavit of Legitimation.  This must be submitted to the Office of the Civil Registrar of the child’s birthplace.  Court decrees, on the other hand, are legal instruments concerning the status of a person such as Admission of Paternity, Legitimation, Affidavit to Use the Surname of the Father (AUSF), and the like.

Registration of court decrees as well as requests for CTCs of annulment, adoption, correction of entry, change of name, presumptive death, and the like are handled at Counter 7 of the Quezon City Hall.  On the other hand, Court Decrees with finality and annotation as well as Legitimation papers must be submitted to Counter 15.

The following are the requirements when filing for Legitimation at the Quezon City Hall as well as the fees to be paid for other cases such as annulment of marriage, adoption, etc.

Requirements for Legitimation:

  1. Joint Affidavit of Legitimation signed by both parents.
  2. Certified True Copy of Marriage Contract
  3. Certified True Copy of Birth Certificate
  4. Admission of Paternity/Acknowledgment of Father
  5. Certificate of No Marriage (CENOMAR) from NSO.

Other requirements will be on a case-to-case basis.  Allow two to four working days as processing time; you will be given a claim stub for your filed request.

Registration Fees:

  1. Annulment of marriage – PHP 500.00
  2. Correction of entry or change of name – PHP 400.00
  3. Per registration of supplementary reports or documents as additional data – PHP 100.00
  4. Legalization of Aliens – PHP 500.00
  5. Local Adoption – PHP 1,000.00
  6. Legitimation – PHP 400.00
  7. Foundling – PHP 500.00
  8. Naturalization – PHP 1,000.00
  9. Foreign Adoption – PHP 1,000.00
  10. Repatriation – PHP 1,000.00
  11. Presumptive Death – PHP 1,000.00
  12. Per registration of other documents – PHP 300.00

Source: http://quezoncity.gov.ph/index.php/qc-services/requirements-a-procedures/261-civilregguide

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