How to Legitimate a Child After the Parents Marry
Quick answer
A child born before the parents married becomes legitimate when the parents later marry each other validly, if they were free to marry each other when the child was conceived (Articles 177 and 178 of the Family Code). Since Republic Act No. 9858, a child also qualifies if the only obstacle at conception was that one or both parents were under 18. Legitimation goes back to the child's birth, and the child gets the same rights as a legitimate child. To update the birth record, ask the local civil registrar.
Which children can be legitimated?
Article 177, as amended by RA 9858, says:
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.
Three things decide it:
- The child was conceived and born outside marriage.
- The test is at conception. What matters is whether the parents could have married each other when the child was conceived, not at birth or at the wedding.
- The only allowed impediment is age. If one parent was still married to someone else, or the parents were close relatives who cannot marry, the child cannot be legitimated, even if they marry later.
Before RA 9858, the age exception did not exist. The law now covers parents who were teenagers when the child was conceived.
How does legitimation happen?
By marriage:
Legitimation shall take place by a subsequent valid marriage between parents. The annulment of a voidable marriage shall not affect the legitimation.
The marriage must be valid. If it is void, it cannot legitimate the child. If it is only voidable and is later annulled, the legitimation stays.
What changes for the child?
Everything a legitimate child has:
Legitimated children shall enjoy the same rights as legitimate children.
The effects of legitimation shall retroact to the time of the child’s birth.
In practice:
- Surname. Legitimate children bear the surnames of the father and the mother (Article 174).
- [Parental authority](/law/glossary/parental-authority). Both parents share it (Article 211), instead of the mother alone (Article 176). See What is parental authority?
- Inheritance. The child inherits as a legitimate child, not with the smaller share of an illegitimate child under Article 176.
If a child died before the wedding, the legitimation still benefits that child's own descendants (Article 181).
How do you update the PSA birth certificate?
The Family Code says legitimation happens by the marriage, but the civil registry record does not change by itself. The civil registrar has its own rules for recording a legitimation.
This page does not list those steps, documents or fees. Ask the local civil registrar of the city or municipality where the child's birth was registered what it needs. If you need PSA copies of the birth or marriage certificate, you can request them online:
Can a legitimation be challenged?
Yes, but only by people whose rights are harmed by it, such as other heirs. Article 182 gives them five years from the time their cause of action accrues. A court decides.
What if the child cannot be legitimated?
If the parents were not free to marry each other at conception, for another reason than age, the child stays illegitimate even after they marry. Two other paths exist:
- Using the father's surname. A recognized illegitimate child may use the father's surname under RA 9255. See Can an illegitimate child use the father's surname?
- Adoption. Under RA 11642, an illegitimate child may be adopted by a qualified adopter "to improve status of legitimacy" (Section 22). An adopted child is considered the legitimate child of the adopter. See How to adopt a child under RA 11642.
Glossary: Legitimation.
How does this work in real life?
These are made-up examples to show how the rules work. They are not advice for any real case.
Mia and Carlo. Both were single and of age when their son was conceived in 2019. They marry in 2024. The marriage legitimates their son (Article 178), with effect back to his birth (Article 180). They go to the local civil registrar to update his birth record.
Bea and Jon. Bea was 17 and Jon was 19 when their daughter was conceived. They marry years later. The only impediment at conception was Bea's age, so their daughter may be legitimated under Article 177 as amended by RA 9858.
Tess and Dan. Their child was conceived while Dan was still married to another woman. Dan's first marriage later ends and he marries Tess. The child cannot be legitimated, because at conception Dan had an impediment other than age (Article 177). Adoption under RA 11642 is a separate process. A married person who adopts his own illegitimate child needs the spouse's consent (Section 21).
When do you need a lawyer?
Talk to a lawyer if you are not sure whether either parent was free to marry at the time of conception, for example because of an earlier marriage that was annulled or declared void, or if another heir disputes the child's status. A lawyer can also help if the civil registrar refuses to record the legitimation.
If you cannot afford a lawyer, see Free legal help in the Philippines for the Public Attorney's Office (PAO) and other options.
Which provisions does this answer rest on?
Frequently asked questions
Is a child automatically legitimated when the parents marry?
Under Article 178 of the Family Code, legitimation takes place by the parents' subsequent valid marriage, if the child qualifies under Article 177. The child's civil registry record still has to be updated: ask the local civil registrar where the birth was registered.
Can a child be legitimated if the father was married to someone else?
No. If either parent had an impediment to marry the other when the child was conceived, other than being under 18, the child cannot be legitimated (Article 177). Adoption may be an option instead.
We were 17 when our child was conceived. Can we still legitimate our child?
Yes, if age was the only impediment. Republic Act No. 9858 amended Article 177 so that children of parents who were disqualified only because either or both were below 18 may be legitimated.
Does a legitimated child have the same rights as a legitimate child?
Yes. Legitimated children enjoy the same rights as legitimate children (Article 179), and the effects go back to the time of the child's birth (Article 180).
What if the parents' marriage is later annulled?
The annulment of a voidable marriage does not affect the legitimation (Article 178).
Can someone challenge a legitimation?
Only persons whose rights are prejudiced by it, within five years from the time their cause of action accrues (Article 182).
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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