Legitimation: Meaning in Philippine Law
Quick answer
Legitimation is the way a child born outside marriage becomes legitimate when the parents later marry each other. Under the Family Code, it happens through the parents' valid marriage, and its effects go back to the day the child was born. A legitimated child has the same rights as a legitimate child.
Also called: Legitimation of a child, Legitimation by subsequent marriage
What does the law say?
The rule is in Article 178:
Legitimation shall take place by a subsequent valid marriage between parents. The annulment of a voidable marriage shall not affect the legitimation.
Article 179 adds that legitimated children enjoy the same rights as legitimate children, and Article 180 makes the effects go back to the time of the child's birth. Article 174 lists those rights, such as bearing the surnames of the father and the mother, support, and the inheritance rights of a legitimate child.
Which children can be legitimated?
Not every child born outside marriage. Article 177, as amended by Republic Act No. 9858, sets the condition:
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.
The key moment is conception. If the parents could have married each other at that time, the child can be legitimated. The words about parents below 18 were added by Republic Act No. 9858 (approved December 20, 2009). Under the original text, children of parents who were too young to marry could not be legitimated.
Two more rules: if the child died before the parents married, the legitimation benefits the child's descendants (Article 181). And only people whose rights are prejudiced may challenge a legitimation, within five years from the time their cause of action arises (Article 182).
How is it different from using the father's surname?
An illegitimate child who is not legitimated stays under the mother's parental authority. Under Article 176, as amended by Republic Act No. 9255, the child may use the father's surname if the father expressly recognized the child. That does not make the child legitimate. See Can an illegitimate child use the father's surname?.
Examples
Made-up illustration: Mia and Carlo, both single and of age, had a son in 2020 and married in 2024. The marriage legitimates their son, with effect from his birth.
Another made-up illustration: Tess had a child with Dan while Dan was still married to someone else. Even if Dan's first marriage later ends and he marries Tess, the child cannot be legitimated, because at conception the parents had an impediment other than age.
The civil registry paperwork follows civil registry rules, which this page does not cover. For more, see How to legitimate a child and the PSA birth certificate guide.
Which provisions use this term?
Frequently asked questions
When does legitimation happen?
Article 178 of the Family Code says legitimation takes place by a subsequent valid marriage between the parents. Its effects go back to the child's birth (Article 180).
Can a child be legitimated if the parents were minors when the child was conceived?
Yes. Republic Act No. 9858 amended Article 177 so that a child may be legitimated if the only impediment at conception was that one or both parents were below 18.
Can a child be legitimated if the father was married to someone else at conception?
No. Article 177 requires that, at conception, the parents were not disqualified by any impediment to marry each other, other than being below 18. An existing marriage is such an impediment.
Does an annulment of the parents' marriage cancel the legitimation?
No. Article 178 says the annulment of a voidable marriage does not affect the legitimation.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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