Article 177 of the Family Code: Which children can be legitimated
Status: Amended
Amended
This provision has been amended. The text below is the current version.
- Amended by: Republic Act No. 9858 (Wording as amended by this law.)
What does Article 177 say?
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, or were so disqualified only because either or both of them were below eighteen (18) years of age, may be legitimated.
What does it mean in plain language?
Article 177 of the Family Code, as amended by Republic Act No. 9858, says which children born outside marriage can be legitimated. They qualify if, when they were conceived, their parents could legally marry each other. They also qualify if the only thing stopping the parents was that one or both were below 18.
Legitimation means a child born outside marriage becomes legitimate. It does not happen by itself or by paperwork alone. Under Article 178, it takes place through a later valid marriage between the parents.
How does it work in real life?
Mia and Carlo: both single and of age
Mia and Carlo, both single and over 18, had a son in 2020 and married each other in 2024. At conception nothing stopped them from marrying each other. Under Articles 177 and 178, their marriage legitimates the son.
Bea and Jon: teenage parents
Bea was 17 and Jon was 19 when their daughter was conceived. They married years later. The only impediment at conception was Bea's age. Under Article 177 as amended by Republic Act No. 9858, the daughter may be legitimated.
Tess and Dan: a prior marriage
Tess had a child with Dan while Dan was still married to another woman. Even if Dan's first marriage later ends and he marries Tess, the child cannot be legitimated under Article 177. At conception, the parents were disqualified by an impediment other than age.
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?
- Legitimation needs a later valid marriage between the parents (Article 178). Once it happens, the child has the same rights as a legitimate child, from birth (Articles 179 and 180).
- Recording a legitimation in the civil registry is done through the local civil registrar. This page gives no steps or documents, because the current PSA rules could not be read on an official page. Ask the local civil registrar where the birth was recorded.
- The PSA issues copies of marriage and birth certificates. See the site's guides to the PSA marriage certificate and the PSA birth certificate.
- A child who cannot be legitimated keeps the rights of an illegitimate child under Article 176.
- More examples: how to legitimate a child after the parents marry.
What does Article 177 say?
This is the text in force:
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, or were so disqualified only because either or both of them were below eighteen (18) years of age, may be legitimated.
In plain words, three things are checked:
- The child was conceived and born outside of wedlock, meaning the parents were not married to each other.
- The test is at the time of conception, not the time of birth or the wedding.
- At conception, no impediment stopped the parents from marrying each other, or the only impediment was age below 18.
An "impediment" is a legal reason two people cannot marry each other. Examples in the Code are being already married to someone else (see the bigamous marriages in Article 35) or being related to each other in the ways listed in Articles 37 and 38, such as parent and child, brother and sister, or step-parent and step-child. The minimum age to marry is 18 (Article 5).
What did RA 9858 change?
The original 1987 article said "Only children" of parents with no impediment at conception "may be legitimated". A child conceived when one parent was 17 could not be legitimated, even if the parents later married. Republic Act No. 9858, approved on December 20, 2009, added the words "or were so disqualified only because either or both of them were below eighteen (18) years of age". The consolidated Family Code page on the Supreme Court E-Library still prints the original text; this page shows Article 177 as amended by Republic Act No. 9858.
Frequently asked questions
What is legitimation?
It is the way a child born outside marriage becomes legitimate. Under Article 178 it happens through a later valid marriage between the parents, and Article 177 says which children qualify.
Can a child be legitimated if the parents were minors when the child was conceived?
Yes. Since Republic Act No. 9858, Article 177 covers children of parents who, at conception, were disqualified from marrying each other only because either or both were below 18.
Can a child be legitimated if the father was married to someone else at conception?
Not under Article 177. The test is the time of conception: the parents must not have been disqualified by any impediment to marry each other, except being under 18. An existing marriage to another person is a different impediment.
Does the date the parents marry matter?
Article 177 looks at the parents' situation when the child was conceived, not on the wedding day. The marriage that legitimates must be a later valid marriage between the parents (Article 178).
When was RA 9858 approved?
Republic Act No. 9858 was approved on December 20, 2009. Its Section 4 says it takes effect fifteen days after its complete publication in the Official Gazette or in at least two newspapers of national circulation.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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