Article 54 of the Family Code: Children conceived before the judgment are legitimate
Status: In force
What does Article 54 say?
Children conceived or born before the judgment of annulment or absolute nullity of the marriage under Article 36 has become final and executory shall be considered legitimate. Children conceived or born of the subsequent marriage under Article 53 shall likewise be legitimate.
What does it mean in plain language?
Article 54 says children conceived or born before a judgment of annulment, or a judgment of absolute nullity under Article 36, becomes final and executory are legitimate. Children conceived or born of a later marriage that follows Article 53 are legitimate too. An annulment or an Article 36 case does not change the status of children who were already conceived or born.
A judgment is "final and executory" when it can no longer be changed by an appeal and can be carried out. The date that matters is when the judgment becomes final, not when the case was filed or when the couple separated.
Article 54 is a special rule. It covers two kinds of cases: annulment of a voidable marriage under Article 45, and nullity because of psychological incapacity under Article 36. It does not name the other void marriages in Articles 35, 37 and 38.
How does it work in real life?
Joy and Rafael: two children before the judgment
Joy and Rafael have two children, born in 2017 and 2020. Their marriage is declared void under Article 36, and the judgment becomes final in 2025. Both children were born before the judgment became final and executory, so both are legitimate under Article 54.
Dina: a baby on the way
Dina's annulment case is decided while she is pregnant by her husband. The judgment becomes final two months before the baby is born. The child was conceived before the judgment became final, so the child is legitimate under Article 54.
Arnel: a second family
After his annulment judgment, the partition and the delivery of his children's presumptive legitimes were recorded, Arnel married Beth. Their daughter is a child of a subsequent marriage under Article 53, so she is legitimate under the second sentence of Article 54.
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?
- In an annulment case, the final judgment also provides for the custody and support of the common children and the delivery of their presumptive legitimes (Article 50).
- While the case is pending, the court provides for the custody and support of the common children if the spouses have no adequate written agreement (Article 49).
- Birth records are kept by the PSA; see the site's guide to getting a PSA birth certificate online.
- For more on children after a case, see are children legitimate after an annulment? and how much is child support?
Which children are legitimate under Article 54?
This is the text:
Children conceived or born before the judgment of annulment or absolute nullity of the marriage under Article 36 has become final and executory shall be considered legitimate. Children conceived or born of the subsequent marriage under Article 53 shall likewise be legitimate.
In plain words, two groups of children are legitimate:
- Children of the annulled or Article 36 marriage, if they were conceived or born before the judgment became final and executory.
- Children of the next marriage, if that marriage was contracted under Article 53, after the judgment, the property partition and the children's presumptive legitimes were recorded.
What about children of other void marriages?
Article 54 names only annulment and nullity under Article 36. For other void marriages, such as one without a license or a bigamous one under Article 35, the starting point is the general rule of Article 165:
Children conceived and born outside a valid marriage are illegitimate, unless otherwise provided in this Code.
The words "unless otherwise provided in this Code" matter: Article 54 is one of the provisions that provide otherwise. Whether another exception applies to a particular child depends on the facts and on other articles of the Code.
For a valid marriage that stays in place, such as after legal separation, the basic rule of Article 164 applies: children conceived or born during the marriage of the parents are legitimate.
Frequently asked questions
Are my children illegitimate after our annulment?
No, if they were conceived or born before the annulment judgment became final and executory. Article 54 says they are considered legitimate.
Does Article 54 cover every void marriage?
No. Article 54 names annulment and absolute nullity under Article 36. For other void marriages, Article 165 says children conceived and born outside a valid marriage are illegitimate, unless the Code provides otherwise.
What about a child conceived after the judgment became final?
Article 54 does not cover a child conceived and born after the judgment became final. The general rules on legitimate and illegitimate children apply.
Are children of the new marriage legitimate?
Yes, if the new marriage is a subsequent marriage under Article 53, contracted after the judgment, partition and presumptive legitimes were recorded. Article 54 says those children are likewise legitimate.
Do children lose support after an annulment?
No. Article 50 says the final judgment provides for the custody and support of the common children, and while the case is pending the court provides for their support under Article 49.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
Was this page helpful?