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Legitimation Requirements

1. To legitimize a child through subsequent marriage of parents, secure documents from the city registrar including the affidavit of paternity, marriage contract of parents, and birth certificate of the child. Verify these documents with the Philippine Statistics Authority. 2. Legitimation recognizes children born out of wedlock as legitimate if their parents marry later, as long as the parents were not prohibited from marrying at the time of conception. 3. Requirements for registering a child's legitimation include certificates of marriage and birth, an affidavit by parents stating relevant details, and annotating the birth record.

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62 views

Legitimation Requirements

1. To legitimize a child through subsequent marriage of parents, secure documents from the city registrar including the affidavit of paternity, marriage contract of parents, and birth certificate of the child. Verify these documents with the Philippine Statistics Authority. 2. Legitimation recognizes children born out of wedlock as legitimate if their parents marry later, as long as the parents were not prohibited from marrying at the time of conception. 3. Requirements for registering a child's legitimation include certificates of marriage and birth, an affidavit by parents stating relevant details, and annotating the birth record.

Uploaded by

Tanya Pimentel
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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1.

Secure the following documents from the City/Municipal Civil Registrar’s Office (C/MCR)
where the birth of the child was recorded:
1. Affidavit of paternity/acknowledgement (Certified Photocopy/Xerox Copy)
2. Joint affidavit of legitimation
3. Certification of registration of legal instrument
4. Certified joint true copy of birth certificate with remarks/annotation based on the
legitimation by subsequent marriage.
2. Verify the original birth certificate at the Philippine Statistics Authority (PSA). If it yields
negative result, secure the birth certificate from C/MCR Office where the child was originally
registered (Certified Photocopy).
3. Verify the marriage contract of parents at PSA. If it yields negative result, secure the marriage
contract from C/MCR Office where the marriage was solemnized (Certified True Copy)

1. 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. (1 Manresa 550,
as cited on p. 251, Handbook on Family Code of the Philippines, Alicia V. Sempio-Diy).
2. Only children conceived and born outside of wedlock of parents who at the time of the
conception of the former, were not disqualified by any impediments to marry each other, may
be legitimated. (Art. 177, Family Code)
3. Legitimation of children by subsequent marriage of parents shall be recorded in the civil registry
office of the place where the birth was recorded. The requirements for registration of
legitimation of illegitimate children are:

a) Certificate of Marriage;

b) Certificate of Live Birth of the child;

c) Acknowledgement (not required for illegitimate children born on or after 3


August 1988);

d) Affidavit of legitimation executed by both parents which shall contain the


following facts:

(1) the names of the parents;

(2) that at the time when child was conceived, the aforesaid parents
could have contracted marriage, and that they subsequently contracted
marriage,

(3) the date and place when such marriage was solemnized;

(4) the name of the officer who officiated the marriage;

(5) the city or municipality where such marriage was recorded;

(6) the name of the child to be legitimated, and the other facts of birth;

(7) the date and place where the birth of the child was registered; and

(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).

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

o the parents could have legally contracted marriage at the time the child was conceived ;
o that the child has been acknowledged by the parents before or after the celebration of their
marriage ; and
o the acknowledgement has been 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.

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)

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