When Does Parental Authority End?
Quick answer
Parental authority usually ends when the child turns 18. The Family Code also ends it permanently when the parents or the child die, and it can end earlier through a court case, such as adoption, the appointment of a general guardian, or a court finding of abandonment. Some duties continue after 18: a person aged 18 to 20 still needs parental consent to marry, and parents may still owe support for schooling.
When does parental authority end permanently?
Article 228 lists three causes:
Parental authority terminates permanently: (1) Upon the death of the parents; (2) Upon the death of the child; or (3) Upon emancipation of the child.
Emancipation now happens at 18. Article 234, as amended by Republic Act No. 6809, says: "Emancipation takes place by the attainment of majority. Unless otherwise provided, majority commences at the age of eighteen years."
When one parent dies, the other parent continues to exercise parental authority (Article 212). When both die, substitute parental authority or a guardian takes over: see Who gets custody if both parents die?
What else can end parental authority?
Article 229 lists five more causes:
Unless subsequently revived by a final judgment, parental authority also terminates: (1) Upon adoption of the child; (2) Upon appointment of a general guardian; (3) Upon judicial declaration of abandonment of the child in a case filed for the purpose; (4) Upon final judgment of a competent court divesting the party concerned of parental authority; or (5) Upon judicial declaration of absence or incapacity of the person exercising parental authority.
Most of these causes need a court ruling: a judicial declaration of abandonment, a final judgment divesting the parent, a judicial declaration of absence or incapacity. Unlike Article 228, these do not end parental authority permanently: the opening words say it can be "revived by a final judgment".
Item 1 speaks of adoption. Domestic adoption is now governed by Republic Act No. 11642, which set up an administrative process. See How to adopt a child (RA 11642). This page gives the text of Article 229 as it stands.
What does emancipation change?
Article 236, as amended by Republic Act No. 6809, reads:
Emancipation shall terminate parental authority over the person and property of the child who shall then be qualified and responsible for all acts of civil life, save the exceptions established by existing laws in special cases.
Contracting marriage shall require parental consent until the age of twenty-one.
At 18, a person can enter into contracts and manage his or her own property, save the exceptions set by law. Parental authority, which Article 211 gives jointly to the father and the mother, ends over both the person and the property of the child.
What still applies after 18?
Three things:
- Parental consent to marry until 21. Article 236 keeps this rule. A marriage of a party aged 18 to 20 without consent can be annulled (Article 45(1)). From 21 to 25, parental advice is asked: see Parental advice for marriage: ages 21 to 25.
- Support for education. Support is a separate duty. Under Article 194, education as part of support includes schooling or training "even beyond the age of majority."
- Parents' responsibility under Civil Code Article 2180. The last paragraph of Article 236 says nothing in the Family Code reduces the duty or responsibility of parents and guardians "for children and wards below twenty-one years of age" mentioned in Article 2180 of the Civil Code. No ruling read for this page explains how this applies to a child aged 18 to 20, so this page gives the text only. See Are parents liable for their child's actions?
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.
Ella (18). Ella has just turned 18. Her parents' parental authority over her person and property ends (Articles 228(3) and 236). She can sign contracts on her own. If she wants to marry before 21, she still needs her parents' consent.
Jun (19). Jun is in college. Although he is of age, his parents may still owe him support for his schooling (Article 194).
Nico (8). A court declares, in a case filed for that purpose, that Nico was abandoned by his parents. Their parental authority ends under Article 229(3), unless a later final judgment revives it.
When do you need a lawyer?
Talk to a lawyer if a case may end or restore a parent's authority, such as abandonment, guardianship or a petition to divest a parent of parental authority, or if there is a dispute about support for a child over 18. These are court matters that depend on the facts.
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
Does parental authority end at 18 in the Philippines?
Yes. Emancipation takes place at majority, which begins at 18 (Article 234, as amended by Republic Act No. 6809). Article 236 says emancipation terminates parental authority over the person and property of the child.
What ends parental authority permanently?
Article 228 of the Family Code lists three causes: the death of the parents, the death of the child, and the emancipation of the child.
Can a court take away parental authority?
Yes. Article 229 says parental authority also terminates upon final judgment of a competent court divesting the parent of it, and upon a judicial declaration of abandonment of the child or of absence or incapacity of the parent.
Can parental authority come back after it ends?
For the causes in Article 229, yes. The article opens with "Unless subsequently revived by a final judgment", so a later final judgment can restore it. The causes in Article 228 end it permanently.
Do I still need parental consent to marry at 19?
Yes. Even though majority begins at 18, Article 236 says contracting marriage shall require parental consent until the age of twenty-one.
Do parents still have to support a child over 18?
Support is a separate duty from parental authority. Article 194 says education as part of support includes schooling or training for a profession, trade or vocation even beyond the age of majority.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
Was this page helpful?