How to File an Affidavit of Legitimation
An Affidavit of Legitimation is filed at the Local Civil Registry Office (LCRO) to legitimize a child who was born to parents who were not married at the time of birth but later married each other. Under Article 177 of the Family Code, children born out of wedlock are legitimated by the subsequent marriage of their parents. The parents must file an Affidavit of Legitimation at the LCRO to have the child's birth certificate annotated to reflect their legitimate status. This process gives the child full rights as a legitimate child, including the right to use the father's surname, inheritance rights, and support.
Affidavit of Legitimation at a Glance
Estimated Cost
Approximately P500 to P1,000 total, including filing fees, notarization, PSA document copies, and cedula.
Timeline
1 to 2 months processing at the LCRO, plus an additional 2 to 3 months for PSA to update their records and reflect the annotation.
Key Fact
The child must have been conceived or born BEFORE the parents' marriage, and there was no legal impediment to marry at the time of conception.
Warning: Legitimation Has Strict Requirements
Legitimation only applies when the parents had NO legal impediment to marry at the time of conception. If either parent was married to someone else at the time of conception, the child cannot be legitimated -- only recognized/acknowledged. Children born of adulterous or incestuous relationships cannot be legitimated under Philippine law. If you are unsure whether your situation qualifies, consult with the Local Civil Registrar or a family law attorney before filing.
Conditions for Legitimation
Under Article 177 of the Family Code of the Philippines, all of the following conditions must be met for a child to be legitimated through the subsequent marriage of their parents:
No Impediment to Marry
At the Time of Conception
Parents must have been free to marry at the time of conception -- meaning neither parent was married to someone else. This is the most critical requirement for legitimation.
Subsequent Marriage
Parents Must Have Married
The parents must have married each other after the child's birth. The marriage is the legal basis for legitimation -- without it, the child remains illegitimate regardless of acknowledgment.
Child Born Before Marriage
Conceived or Born Before Wedding
The child was conceived or born before the parents' wedding. Children born after the marriage are already legitimate and do not need this process.
Both Parents Alive
Both Must Execute the Affidavit
Legitimation requires both parents to execute the affidavit. If one parent is deceased, the situation becomes more complex -- consult a lawyer for guidance on possible remedies.
Effects of Legitimation
Once the Affidavit of Legitimation is processed and the child's birth certificate is annotated, the following legal effects take place:
- Child becomes a legitimate child with full rights -- The child is considered legitimate for all legal purposes, including civil status, inheritance, and family relations.
- Child can use the father's surname -- The birth certificate will reflect the father's surname as the child's legitimate surname.
- Child gains inheritance rights from both parents -- As a legitimate child, the child is entitled to a legitime (compulsory share) in the estate of both parents.
- Birth certificate is annotated to reflect legitimate status -- The LCRO and PSA records will be updated to show that the child has been legitimated.
- Legitimation is retroactive to the date of birth -- Under Article 178 of the Family Code, legitimation takes effect from the time of the child's birth, meaning the child is considered to have been legitimate from the very beginning.
Requirements for Filing an Affidavit of Legitimation
| Document | Details |
|---|---|
| Affidavit of Legitimation | Must be executed by both parents and notarized. This is the primary document declaring the parents' intent to legitimate the child through their subsequent marriage. Some LCROs provide a standard form. |
| PSA Marriage Certificate of the Parents | A certified copy of the parents' marriage certificate issued by PSA. This proves that the parents subsequently married each other. Cost: P155 per copy from PSA Serbilis or PSAHelpline.ph. |
| PSA Birth Certificate of the Child | A certified copy of the child's birth certificate issued by PSA. This will be the document to be annotated. Cost: P155 per copy from PSA Serbilis or PSAHelpline.ph. |
| Valid IDs of Both Parents | At least one valid government-issued ID with photo and signature for each parent (e.g., passport, driver's license, PhilSys/National ID, UMID, SSS ID, PRC ID, postal ID). Bring originals and photocopies. |
| Community Tax Certificate (Cedula) of Both Parents | A current Community Tax Certificate (cedula) for each parent. Available from the City or Municipal Treasurer's Office. Cost: approximately P35 each. |
| Affidavit of Acknowledgment/Admission of Paternity | Required only if the father's name does not appear on the child's birth certificate. This affidavit must be executed by the father acknowledging paternity of the child. Must be notarized. |
| Filing Fee | Approximately P200 to P500, depending on the Local Government Unit (LGU). Paid to the LCRO upon submission of the affidavit and supporting documents. The exact amount varies by city or municipality. |
Step-by-Step: Filing an Affidavit of Legitimation
The following steps outline the complete process for filing an Affidavit of Legitimation at the Local Civil Registry Office (LCRO) to have a child's birth certificate annotated to reflect legitimate status.
Verify Eligibility for Legitimation
Before proceeding, confirm that the parents had no legal impediment to marry at the time of the child's conception. This means neither parent was married to someone else at that time. If either parent was previously married, verify that the prior marriage was legally dissolved (through annulment, declaration of nullity, or death of the former spouse) before the child's conception.
Tip: If you are unsure about eligibility, consult with the Local Civil Registrar or a family law attorney. Filing when not eligible will result in denial, and fees are non-refundable.
Obtain PSA Marriage Certificate and Child's PSA Birth Certificate
Request certified copies of the parents' PSA Marriage Certificate and the child's PSA Birth Certificate. These can be obtained through PSA Serbilis outlets, online via PSAHelpline.ph, or by visiting the PSA Civil Registry Service office. Each copy costs P155.
Important: Both documents are mandatory requirements. The marriage certificate proves the subsequent marriage, while the birth certificate is the document that will be annotated. Make sure both documents are recent copies.
Execute the Affidavit of Legitimation
Both parents must appear and sign the Affidavit of Legitimation before a notary public or the City/Municipal Civil Registrar. The affidavit declares that the parents were not married at the time of the child's birth, that they subsequently married each other, and that they intend to legitimate the child. Some LCROs provide a standard form for this affidavit.
Note: Both parents must personally appear to execute the affidavit. A representative cannot sign on behalf of a parent. If one parent is abroad, they may need to execute a separate affidavit before the Philippine Consulate.
Submit Affidavit and Supporting Documents to the LCRO
Submit the notarized Affidavit of Legitimation together with all the required supporting documents to the Local Civil Registry Office (LCRO) where the child's birth was originally registered. The civil registrar will review all documents to verify that the conditions for legitimation are met.
Important: If the father's name does not appear on the child's birth certificate, an Affidavit of Acknowledgment/Admission of Paternity must also be submitted. This is a separate document executed by the father.
Pay the Filing Fee
Pay the required filing fee at the LCRO. The fee typically ranges from P200 to P500, depending on the Local Government Unit. The LCRO will issue an official receipt. Keep this receipt as proof of filing.
LCRO Annotates the Child's Birth Certificate
Once all documents are verified and the filing is approved, the LCRO will annotate the child's birth certificate to reflect the child's legitimate status. The annotation will indicate that the child has been legitimated by the subsequent marriage of the parents, referencing the marriage certificate details.
Timeline: The annotation at the LCRO level is typically completed within 1 to 2 months from the date of filing, depending on the workload of the office.
LCRO Forwards Annotated Record to PSA
After the annotation is completed at the local level, the LCRO forwards the annotated birth certificate and supporting documents to the Philippine Statistics Authority (PSA) for implementation. PSA will update their central records to reflect the legitimation.
Note: It typically takes 2 to 3 months after the LCRO forwards the documents for the annotated record to be reflected in PSA's system. After this period, you can request an updated PSA copy of the birth certificate showing the legitimation annotation.
Complete Example: Miguel's Legitimation Story
Miguel was born in 2015 to unmarried parents in Pasig City. His father's name appeared on the birth certificate through an Affidavit of Acknowledgment filed at the time of birth registration. In 2020, Miguel's parents married each other. In 2021, they decided to file an Affidavit of Legitimation to have Miguel's birth certificate annotated to reflect his legitimate status. Here is how the process went:
Gathered Required Documents
Miguel's parents obtained their PSA Marriage Certificate (P155) and Miguel's PSA Birth Certificate (P155) through PSAHelpline.ph. They also secured their Community Tax Certificates (cedula) from the Pasig City Treasurer's Office (P35 each). They prepared photocopies of their valid IDs (both had Philippine National IDs).
Executed and Filed the Affidavit
Both parents went to a notary public and executed the Affidavit of Legitimation, declaring that Miguel was their child born before their marriage and that they wished to legitimate him. The notarization cost P200. They then proceeded to the Pasig City LCRO and submitted the affidavit along with all supporting documents.
Paid Filing Fee and LCRO Processed the Request
The parents paid the P300 filing fee at the Pasig City LCRO. The civil registrar reviewed the documents and confirmed that all conditions for legitimation were met. The LCRO processed the annotation on Miguel's local birth certificate record.
Birth Certificate Annotated at LCRO Level
The Pasig City LCRO annotated Miguel's birth certificate to show that he has been legitimated by the subsequent marriage of his parents. The annotation included the marriage certificate details and the date of the Affidavit of Legitimation. The LCRO then forwarded the annotated record and documents to PSA.
PSA Updated the Record
Approximately 2 months after the LCRO forwarded the documents, PSA updated their records. Miguel's parents requested a new PSA copy of his birth certificate and confirmed that it now shows Miguel as a legitimate child with the annotation reflecting the legitimation through his parents' subsequent marriage.
Cost Summary for Miguel's Legitimation
Total timeline: approximately 3-4 months from filing to receiving the updated PSA copy. Actual costs may vary by locality.
Legitimation vs. Recognition vs. Adoption
Understanding the differences between legitimation, recognition (acknowledgment), and adoption is important to determine the correct legal process for your situation.
| Feature | Legitimation | Recognition / Acknowledgment | Adoption |
|---|---|---|---|
| Who are the parents? | Natural (biological) parents who later married | Natural (biological) parents who did not marry | Non-biological parents or relatives |
| Requirement | Subsequent marriage of parents; no impediment to marry at time of conception | Voluntary acknowledgment by the parent(s) through an affidavit or public document | Court proceeding; compliance with adoption law requirements (RA 8552 / RA 11642) |
| Child's status after | Legitimate child (full rights) | Acknowledged illegitimate child (limited inheritance rights) | Legitimate child of the adoptive parents |
| Surname | Father's surname (as legitimate child) | Mother's surname (unless father acknowledges under RA 9255) | Adoptive parents' surname |
| Inheritance rights | Full legitime (same as legitimate child) | Half of the legitime of a legitimate child | Full legitime from adoptive parents |
| Process | Administrative (filed at LCRO) | Administrative (affidavit filed at LCRO) | Judicial (court proceeding required) |
| Retroactive? | Yes, retroactive to date of birth | No, takes effect from the date of acknowledgment | No, takes effect from date of adoption decree |
Frequently Asked Questions
What if the father's name is not on the birth certificate?
If the father's name does not appear on the child's birth certificate, the father must first file an Affidavit of Acknowledgment/Admission of Paternity at the LCRO. This affidavit establishes the father's legal recognition of the child. Only after the father's name is reflected on the birth certificate can the Affidavit of Legitimation be processed. Both steps may sometimes be filed simultaneously at the LCRO -- check with the civil registrar for the specific procedure in your locality.
Can legitimation be done if one parent is deceased?
This is a complex situation. Under the Family Code, legitimation requires the subsequent marriage of both parents, and the affidavit must be executed by both. If one parent dies after the marriage but before filing the affidavit, the surviving parent may still be able to file, but this may require legal assistance and potentially a court proceeding. It is strongly recommended to consult a family law attorney if one parent is deceased, as the specific circumstances will determine the appropriate legal remedy.
Does the child's surname change automatically after legitimation?
Yes. Once the birth certificate is annotated to reflect legitimate status, the child is entitled to use the father's surname as a legitimate child. The annotation on the birth certificate will reflect the change. After the PSA updates their records, the new PSA copy will show the child's status as legitimate. The child (or parents, if minor) should then update all other government IDs and records to reflect the new surname.
Can adults be legitimated?
Yes. There is no age limit for legitimation. Whether the child is a minor or an adult, legitimation can be filed as long as all the conditions are met: the parents had no impediment to marry at the time of conception, the parents subsequently married, and both parents are alive and able to execute the affidavit. Even senior citizens can be legitimated if their parents married after their birth.
What if the parents were both minors when the child was conceived?
The age of the parents at the time of conception does not affect the eligibility for legitimation. As long as there was no legal impediment to marry at the time of conception (meaning neither parent was married to someone else), the child can be legitimated upon the parents' subsequent marriage. Being a minor is not a legal impediment to marry -- it only means the parents needed parental consent or advice for the marriage itself.
How is legitimation different from adoption?
Legitimation is exclusively for natural (biological) parents who subsequently marry each other. It is an administrative process filed at the LCRO and does not require a court proceeding. Adoption, on the other hand, is a judicial process for non-biological parents (or relatives who wish to legally become parents of the child). Adoption requires a court petition, a social worker evaluation, and compliance with RA 8552 (Domestic Adoption Act) or RA 11642 (for intercountry adoption). Adoption is significantly more expensive and time-consuming than legitimation.
Important Reminders
- Verify eligibility before filing: Confirm with the LCRO that the parents had no legal impediment to marry at the time of the child's conception. This is the most critical requirement for legitimation.
- Both parents must appear: The Affidavit of Legitimation must be executed by both parents. If one parent is abroad, they must execute the affidavit before the Philippine Consulate.
- File at the LCRO where the birth was registered: The affidavit must be submitted to the LCRO of the city or municipality where the child's birth was originally registered, as they hold the original record.
- Secure the father's name first: If the father's name does not appear on the birth certificate, file an Affidavit of Acknowledgment first before proceeding with legitimation.
- Follow up with PSA: After the LCRO forwards the annotated record, it takes 2-3 months for PSA to update their system. Follow up by requesting a new PSA copy to verify the annotation.
- Update all other records after annotation: Once you have the annotated PSA birth certificate, update the child's records with other agencies -- school records, SSS, PhilHealth, Pag-IBIG, passport (DFA), driver's license (LTO), and voter's registration (COMELEC).
- Keep all receipts and documents: Retain copies of the Affidavit of Legitimation, official receipts, and all supporting documents. You may need these for future government transactions.
- Consult a lawyer for complex cases: If one parent is deceased, if there are questions about impediments, or if the LCRO denies the filing, seek legal advice from a family law attorney.
Need Help?
Contact Your Local Civil Registry
- Local Civil Registry Office (LCRO): Visit the LCRO of the city or municipality where the child's birth was registered.
- PSA Helpline: (02) 8737-1111
- PSA Email: info@psa.gov.ph
- PSA Website: www.psa.gov.ph
- PSAHelpline Online: psahelpline.ph
- Office Hours: Monday to Friday, 8:00 AM to 5:00 PM (no noon break)
Disclaimer
This guide is provided for general informational purposes only. The requirements, steps, fees, and procedures mentioned here may vary depending on the Local Civil Registrar you visit. We recommend visiting your nearest Local Civil Registrar first to confirm the specific requirements and process before preparing your documents.