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Republic Act No. 9858 – Legitimation of Children Born to Parents Below Marrying Age

Posted by lexforiphilippines on January 11, 2010

On 20 December 2009, President Gloria Macapagal-Arroyo signed into law Republic Act No. 9858 entitled “An Act Providing for the Legitimation of Children Born to Parents Below Marrying Age, Amending for the Purpose the Family Code of the Philippines, as amended.”

Prior to Republic Act 9858, Article 177 of Executive Order No. 209 (“Family Code of the Philippines”) provided that “(o)nly 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 may be legitimated.”  Legitimation takes place by a subsequent valid marriage between the parents. (Article 178, Family Code)

One impediment to marriage is minority.  Thus, before Republic Act 9858, if one or both parents are minors at the time of conception of their child, the latter could not be legitimated and would perpetually have the status of an “illegitimate” child unless he is legally adopted (Article 165 in relation to Article 189 of the Family Code).

Republic Act 9858 amended Article 177 of the Family Code such that if the child were born to parents disqualified to marry each other simply because either or both of them were below 18 years of age, he may also be legitimated by the marriage of his parents.  Article 177 of the Family Code now reads:

“Art. 177. 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.”

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32 Responses to “Republic Act No. 9858 – Legitimation of Children Born to Parents Below Marrying Age”

  1. Wilson said

    Legitimation is not a retro active procedure, 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.
    ﻖ 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 impediment to marry each other, may be legitimated.

    ﻖ shall be recorded in the civil registry office of the place where the birth was recorded.

  2. Bernadette Ramos said

    My sister is married. Her husband is living in the Philippines while she is working in Italy. Eleven months after my sister left the Philippines, she conceived a child to another man whom she met in Italy. They are actually having problem with the Italian authorities right now as regards the registration of their child because my sister is using her husband’s name in her passport. What can they do so that the child can use the last name of his biological father? Thank you.

    • Wilson said

      As to Bernadette Ramos query about the status of her sister, the child can use the surname of the biological father provided that the father will recognize the child. Thru RA 9255, an act allowing illegitimate children to use the surname of their father provided the father has acknowledge the child amending the article 176 of the EO#209( Family Code of the Philippines )

  3. gelo said

    i am a single mother. my child carries both my middle name and surname in his birth certificate. i am planning to get him a passport next month. however, i was told by a few friends that i might encounter a problem because, by law, my son should not have any middle name in his birth certificate. if so, why did the Office of the Civil Registrar in Pasig allow it to be registered that way? All information about myself and my status were disclosed to them. What shall i do now? thank you.

  4. kathleen said

    hi good thing i found this site!!
    my husband was named after his father knowing that his parents are married before he was born however its been verified that their marriage was not registered and they got married again 2 years after. he was born 1990 and its showing that entry of the date and place of marriage is wrong what necessary action should we make about this? because we are planing to apply for visa to japan since he is also a descendant and we’re afraid that our application will be denied because of this.

    thank you so much hope to get answer soon!!

  5. susan said

    hi,

    my cousin have twins but they don’t get married with his girlfriend.
    can he ask for rights to his twins even though he was unknown in the birth certificate of the twins? would it be possible for a fair custody to the twins?

    hope to hear from you soon.
    have a nice day!

  6. Chrisa said

    My eldest son is carrying my maiden name, the child uses both my middle and surname. His biological father signed the acknowledgment on his birth certificate. All the way since my child was born his father is always been supportive both financially & emotionally. The time my son was born both of us are in the legal age. The reason why that we don’t get married because I have a pending petition in the US and as per advice of my parents the child should carry my maiden name. So i can get my child once i got a visa. once we migrate to the US, I’m planning to get back to the phils after i get my green card to marry his biological father. How i am supposed to do once me & his biological father got married, how my child used his father surname, what is the process? , please help me thanks in advance

  7. violet said

    i have a 5yr old son from my ex and uses his father’s last name. my ex happens to sign on his birth certificate for acknowledgement. my ex also files a chid custody for our son, is this possible? now i am married and my husband wants to adopt my son. what is the best thing that we can do to legalize everything? thank you

  8. kristina said

    My parents are not yet married when I was born which lead for me to be illegitimate in my birth certificate. I was born in the province of bohol. My informant that time was my grandmother who facilitate the process of my registration. Before we leave the province, my parents, after they got married fix my documents so that my surname will be from my father. From the LCR, no documents were signed, they just used a liquid eraser in my birth certificate and did the corrections in it. Currently, we are now living in manila, and I have problems with my NSO Birth Certificate because the copy that they have is the one that says that I’m a illegitimate child. We are instructed to do the necessary actions in the province, and going to province needs a lot of money and we can’t afford that. Is there other way for us to fix my birth certificate without going to the province?

    Thank you in advance….

  9. lexie said

    Good day! My daughter is carrying my maiden name as she was born out of wedlock and I was only 17 at that time.. I eventually married the father of my daughter after 7 seven years.. Now, my husband wants to know if my child can avail of RA 9858 considering he did not acknowledge my child in the birth certificate and in the entry name of father, my mother who registered the said birth, did not put the name of my childs father, she instead put the entry unknown as my mother and father of my child were not in good terms then…

  10. Shermaine Jill V. Canoy said

    Good day. My eldest son is carrying my maiden name & his biological father didn’t sign the acknowledgment on his birth certificate. I got married to another man when he was just 2 yrs old & now that he’s 8, my husband would really like to either adopt him legally or process legitimation if that’s possible. I’d like to know what’s our best option & how it’s done or what the required documents should be. We just both fear that should a good opportunity come for my husband, like migrating abroad for example, my eldest son will be left behind because he has a different name. Adoption takes time and money so I’d like to know what my best options are. Thanks.

  11. rhianne andaya said

    i have a 7 year old daughter out of wedlock. since i and her biological father were both under 18 we didn’t get married. the child uses both my middle and surname in her NSO birth certificate since i am not married but the biological father signed the acknowledgement at the back of the birth certificate and i am identified as the mother. And we haven’t seen him ever since. during the parent’s orientation at school, i was informed by the registrar that she shouldn’t be using my middle name and infact should not have any middle name at all because it would appear as if we were just sisters.
    Question no 1: were they correct that the child should not have a middle name in her name? if yes, what should i do to correct it?
    Question no 2: what are the implications her using my middle name? will i have any problem about parental rights because of that?
    Question no 3: if i were to marry a man other than her father, and the man im marrying wants her to use his surname, what legal steps should we take and papers to file? will i be needing the signature of the biological father in the process even though we are not married or even though she’s not using the biological father’s surname?
    Question no. 4: after the process and she’s using the surname of her step father, will all her documents be revised or changed to her new surname? ex. school documents, diplomas, NSO birth certificate, baptismal certificate,
    thank you and will be anticipating your response. God Bless.

  12. nadyne said

    Hi,

    I just wanna ask, my parents is not yet married the time i was born but they are both of legal age. On my birth certificate there is date & place of marriage written which in fact should be not married, they just got married when i was 5 years old.

    The entry of their marriage on my birth certificate is wrong, what shall I do?

    Thank you so much & God bless.

    Nadyne

  13. My husband and I had our first child when I was only 17. We got married when I reached 20. We immediately fix the legitimation our our eldest son at Quezon City hall, and they gave us an annotation, to certify that our son can now use my husbands surname. Since then all his school records ans important documents are under my husbands surname. My eldest son is now applying for his PRC, only to find out after getting his NSO, he’s surname stated there is my still my maiden name. What can we do about this? And when will R.A. 9858 be implemented? Please, help us with this important matter.

    Thank you very much.

  14. sweetcry4u said

    hi
    im concerned about my 2 boys..they are both using my name when i was single,,,and im not married to their bioligical father..now im married hw i am supposed to do nw?my husband wanted to let my kids used him name..pls…help me

    GOD bless you!!
    sweetcry4u

  15. dixie said

    what if, either of the party are 18 years of age,, is there any possible that their child would be legitimated… eeen that they are not married at the time of child’s birth…

  16. Loren said

    Is legitimation automatic or is there a process the parents have to go through to have their children legitimated?

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