Illegitimate Child: Legal Meaning
Quick answer
An illegitimate child is a child conceived and born outside a valid marriage. The definition is in Article 165 of the Family Code. An illegitimate child uses the mother's surname unless the father has recognized the child in the ways the law sets, is under the mother's parental authority, is entitled to support, and inherits a legitime equal to half that of a legitimate child. The term describes a legal status only; it says nothing about the child.
Also called: Child born outside marriage, Illegitimate filiation
What does the Family Code say?
Children conceived and born outside a valid marriage are illegitimate, unless otherwise provided in this Code.
By contrast, Article 164 says "Children conceived or born during the marriage of the parents are legitimate." Both kinds are natural filiation under Article 163.
The words "unless otherwise provided in this Code" matter. For example, Article 54 says children conceived or born before a judgment of annulment, or of absolute nullity under Article 36, becomes final and executory "shall be considered legitimate." See Are children legitimate after an annulment? and Article 165.
What rights does an illegitimate child have?
Article 176, as amended by Republic Act No. 9255, sets them out:
Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. However, illegitimate children may use the surname of their father if their filiation has been expressly recognized by the father through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is made by the father.
In plain words:
- Surname: the mother's, unless the father recognized the child in one of the ways above. See Can an illegitimate child use the father's surname?.
- Parental authority: the mother's. See Who has custody of an illegitimate child? and parental authority.
- Support: from both parents, under the Family Code rules on support (Article 195 includes "Parents and their illegitimate children").
- Inheritance: the same article says "The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child." Illegitimate children are compulsory heirs. See Can an illegitimate child inherit?.
How does an illegitimate child prove filiation?
Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children.
The proof is listed in Article 172: the record of birth, a final judgment, or the parent's signed admission in a public document or private handwritten instrument. If the claim rests only on other evidence, such as open and continuous possession of the status of a child, the case must be filed during the lifetime of the alleged parent. In Ara v. Pizarro (2017), the Supreme Court said this limit "acknowledges that there may be other persons whose rights should be protected from spurious claims." See How to prove paternity and Can a child claim filiation after the father dies?.
Can the status change?
Yes, through legitimation. Under Article 178, legitimation takes place by a later valid marriage between the parents. Under Article 177, as amended, it is available only if at the time of conception the parents were not disqualified by any impediment to marry each other, or were disqualified only because one or both were below eighteen.
Example
Made-up illustration: Mila and Jonas live together without marrying, and their son Paolo is born. Paolo is illegitimate under Article 165. He uses Mila's surname unless Jonas signs the birth record acknowledging him or admits paternity in a public document or a handwritten note he signs. Mila exercises parental authority, both parents must support Paolo, and Paolo's legitime from each parent is one-half of the legitime of a legitimate child. If, when Paolo was conceived, Mila and Jonas had no impediment to marry each other, a later valid marriage between them legitimates Paolo.
See also the comparison legitimate vs illegitimate child.
Which provisions use this term?
- Article 165, Family CodeIllegitimate children
- Article 176, Family CodeIllegitimate children: surname, parental authority, legitime
- Article 175, Family CodeProof of illegitimate filiation
- Article 164, Family CodeWho are legitimate children
- Article 54, Family CodeChildren conceived before the judgment are legitimate
Frequently asked questions
Who is an illegitimate child under Philippine law?
Under Article 165 of the Family Code, children conceived and born outside a valid marriage are illegitimate, unless the Code provides otherwise. Article 164 says children conceived or born during the marriage of the parents are legitimate.
Whose surname does an illegitimate child use?
The mother's, as a rule. Under Article 176, as amended by Republic Act No. 9255, the child may use the father's surname if the father expressly recognized the filiation through the record of birth in the civil register, or through an admission in a public document or a private handwritten instrument.
Who has parental authority over an illegitimate child?
The mother. Article 176 says illegitimate children shall be under the parental authority of their mother.
Is an illegitimate child entitled to support?
Yes. Article 176 says illegitimate children shall be entitled to support in conformity with the Family Code. Article 195 includes parents and their illegitimate children among the persons obliged to support each other.
How much does an illegitimate child inherit?
Article 176 says the legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child. Illegitimate children are compulsory heirs under Article 887 of the Civil Code, if their filiation is duly proved.
Can an illegitimate child become legitimate?
In some cases, through legitimation by the later valid marriage of the parents (Article 178), if at the time of conception the parents were not disqualified by an impediment to marry each other, or were disqualified only because one or both were below 18 (Article 177).
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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