Article 163 of the Family Code: Natural and adoptive filiation
Status: In force
What does Article 163 say?
The filiation of children may be by nature or by adoption. Natural filiation may be legitimate or illegitimate.
What does it mean in plain language?
Article 163 of the Family Code opens the title on paternity and filiation. Filiation is the legal tie between a child and his or her parents. It can come from nature (birth) or from adoption, and natural filiation is either legitimate or illegitimate. Which kind applies decides questions like the child's surname, parental authority, support and inheritance.
How does it work in real life?
Ana: born during the marriage
Ana was born while her parents were married to each other. Her filiation is natural and legitimate (Article 164).
Ben: born before his parents married
Ben was born before his parents, who were both single and over eighteen, married each other. He was illegitimate at birth (Article 165), but his parents' later valid marriage legitimated him (Articles 177 and 178).
Celine: adopted
Celine was adopted by her aunt and uncle. Her filiation to them is filiation by adoption.
These are made-up examples to show how the rule works. They are not advice for any real case.
What does this mean in practice?
- The birth record is the usual first proof of filiation; see the guide to the PSA birth certificate.
- For proving who the father is, see how to prove paternity.
- For legitimation, see legitimation of a child; for adoption, see how to adopt a child under RA 11642.
- For the meaning of the term, see filiation.
What does Article 163 say?
The filiation of children may be by nature or by adoption. Natural filiation may be legitimate or illegitimate.
What are the kinds of filiation?
| Kind | Who | Where in the law |
|---|---|---|
| Natural, legitimate | Children conceived or born during the marriage of the parents, including children conceived by artificial insemination authorized in writing by both spouses | Article 164 |
| Natural, illegitimate | Children conceived and born outside a valid marriage, unless the Code provides otherwise | Article 165 |
| By adoption | Children who become a parent's child through an adoption | Article 163; Republic Act No. 11642 |
The Family Code uses only these terms. The older Civil Code had several classes of children born outside marriage, such as "acknowledged natural children". The Family Code (Articles 163, 165 and 176) no longer uses those classes: a child born outside a valid marriage is simply illegitimate, unless the Code provides otherwise.
Why does the kind of filiation matter?
- Surname. Legitimate children bear the surnames of the father and the mother (Article 174). Illegitimate children use the mother's surname, but may use the father's if he recognized them in the ways set by Article 176, as amended by Republic Act No. 9255.
- Parental authority. Illegitimate children are under the parental authority of their mother (Article 176).
- Support. Legitimate children receive support from their parents, their ascendants and, in proper cases, their brothers and sisters (Article 174); illegitimate children are entitled to support in conformity with the Code (Article 176).
- Inheritance. The legitime of each illegitimate child is one-half of the legitime of a legitimate child (Article 176).
Can the kind of filiation change?
Yes, in some cases:
- Legitimation. Under Article 177, as amended by Republic Act No. 9858, children conceived and born outside of wedlock of parents who were not disqualified by any impediment to marry each other at the time of conception, or were disqualified only because either or both were below eighteen, may be legitimated. Article 178 says legitimation takes place by a subsequent valid marriage between the parents.
- Adoption. An adoption creates filiation by adoption.
How is filiation proved?
Article 172 lists the evidence for legitimate filiation: the record of birth in the civil register or a final judgment, or an admission in a public document or a private handwritten instrument signed by the parent. Without these, open and continuous possession of the status of a legitimate child, or any other means allowed by the Rules of Court and special laws, may be used. Article 175 applies the same evidence to illegitimate children, with a time limit for some kinds of proof.
Frequently asked questions
What is filiation?
Filiation is the legal relationship between a child and his or her parents. Article 163 of the Family Code says it may be by nature or by adoption.
What are the kinds of filiation in the Philippines?
Article 163 names two: natural filiation and filiation by adoption. Natural filiation may be legitimate or illegitimate.
Who is a legitimate child?
Article 164 says children conceived or born during the marriage of the parents are legitimate. It also covers children conceived by artificial insemination of the wife, if both spouses authorized or ratified it in a signed written instrument before the birth.
Who is an illegitimate child?
Article 165 says children conceived and born outside a valid marriage are illegitimate, unless otherwise provided in the Family Code.
Which law governs adoption now?
Adoption of children within the Philippines is now mainly governed by Republic Act No. 11642 (2022), which provides an administrative process of domestic adoption. Article 163 still lists adoption as a kind of filiation.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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