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Article 178 of the Family Code: Legitimation by subsequent marriage

Status: In force

What does Article 178 say?

Legitimation shall take place by a subsequent valid marriage between parents. The annulment of a voidable marriage shall not affect the legitimation.

Read the full text on the Supreme Court E-Library

What does it mean in plain language?

Article 178 of the Family Code says a child born outside marriage is legitimated when the parents later marry each other in a valid marriage. If that marriage is later annulled as a voidable marriage, the legitimation stays. A legitimated child has the same rights as a legitimate child, counted from birth.

Only children who qualify under Article 177 can be legitimated: when they were conceived, the parents could marry each other, or were stopped only by being under 18.

How does it work in real life?

Joy and Mark: married after two children

Joy and Mark, both single and of age, had two children before they married each other. Their valid marriage legitimates both children under Article 178. Under Articles 179 and 180, the children have the rights of legitimate children, counted from their births.

Liza and Ramon: a marriage later annulled

Liza and Ramon married after their son was born, and the marriage legitimated him. Years later, the marriage was annulled as a voidable marriage. Under the second sentence of Article 178, the son's legitimation is not affected.

Celia's grandchildren

Celia and Rey's father were both single and of age when Rey was conceived. Celia married Rey's father later. Rey died before the wedding, leaving a daughter. Under Article 181, Rey's legitimation benefits his daughter.

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?

What does Article 178 say?

Legitimation shall take place by a subsequent valid marriage between parents. The annulment of a voidable marriage shall not affect the legitimation.

Article 178, Family Code

In plain words:

  1. A subsequent marriage: the parents marry each other after the child was conceived or born.
  2. A valid marriage: the article speaks of a valid marriage between the parents.
  3. Annulment does not undo it: a voidable marriage is one that can be annulled on the grounds listed in Article 45. If the parents' marriage is later annulled, the child stays legitimated.

What rights does a legitimated child get?

The next articles answer this. They are short:

Legitimated children shall enjoy the same rights as legitimate children.

Article 179, Family Code

The effects of legitimation shall retroact to the time of the child’s birth.

Article 180, Family Code

The rights of legitimate children are in Article 174: to bear the surnames of the father and the mother, to receive support, and to the inheritance rights of legitimate children. Because the effect goes back to birth, the child is treated as legitimate from the start, not only from the wedding day.

Two more rules complete the chapter. Under Article 181, if the child died before the parents' marriage, the legitimation benefits the child's descendants. Under Article 182, legitimation may be impugned only by those who are prejudiced in their rights, within five years from the time their cause of action accrues.

Frequently asked questions

How does legitimation happen?

Article 178 says legitimation takes place by a subsequent valid marriage between the parents. The child must also qualify under Article 177.

Does an annulment cancel the legitimation?

No. Article 178 says the annulment of a voidable marriage does not affect the legitimation. The child stays legitimated.

What rights does a legitimated child have?

The same rights as legitimate children (Article 179). These include the surnames of both parents, support and the inheritance rights of legitimate children (Article 174).

From when does legitimation take effect?

From the child's birth. Article 180 says the effects of legitimation retroact to the time of the child's birth.

Can anyone challenge a legitimation?

Only those whose rights are prejudiced by it, and only within five years from the time their cause of action accrues (Article 182).

What if the child died before the parents married?

Article 181 says the legitimation of children who died before the celebration of the marriage benefits their descendants.

General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.

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