How to Apply for Legitimation of a Child
Legitimation is the process by which a child born out of wedlock (illegitimate child) acquires the status of a legitimate child through the subsequent valid marriage of the child's parents. Under Article 177 of the Family Code of the Philippines, children conceived and born outside of wedlock of parents who, at the time of conception, were not disqualified by any impediment to marry each other, are legitimated by the subsequent marriage of their parents. This means the child gains all rights of a legitimate child, including the right to use the father's surname and inheritance rights.
Legitimation at a Glance
Estimated Cost
~P500-1,000 (filing fee + documentary stamp + PSA copies). Exact fees vary by LCRO.
Timeline
1-2 months LCRO processing + 2-3 months for PSA to update the national civil registry records.
Key Fact
Only children whose parents had NO legal impediment to marry at the time of conception can be legitimated. Children of parents who were married to other persons at the time of conception cannot be legitimated.
Important: Who Can and Cannot Be Legitimated
Legitimation only applies to children born to parents who were BOTH free to marry each other at the time of the child's conception. If either parent was married to someone else at the time of conception, the child CANNOT be legitimated through subsequent marriage. Such children may only be recognized (acknowledged) but not legitimated.
Conditions for Legitimation
All of the following conditions must be met for legitimation to take effect under the Family Code of the Philippines:
No Impediment at Conception
Both parents were not married to other persons at the time of the child's conception. Neither parent had any legal impediment that would have prevented them from marrying each other.
Subsequent Valid Marriage
The parents subsequently marry each other in a valid marriage recognized under Philippine law. The marriage must comply with all formal and essential requisites.
Child Conceived Before Marriage
The child was conceived before the marriage of the parents. The child may have been born before or after the marriage -- what matters is that conception occurred before the marriage.
Effective Upon Marriage
The legitimation takes effect from the time of the subsequent marriage. It is retroactive to the birth of the child, meaning the child is considered legitimate from birth.
Effects of Legitimation
Once the parents marry and the legitimation is properly annotated, the following legal effects take place:
- The child acquires the status of a legitimate child -- the child is no longer classified as illegitimate under the law.
- The child gains the right to use the father's surname -- the birth certificate is annotated to reflect the change from the mother's maiden name to the father's surname.
- The child gains full inheritance rights as a legitimate child -- under Philippine succession law, legitimate children receive a larger share of the estate compared to illegitimate children.
- The child's birth certificate is annotated to reflect legitimation -- the annotation references the parents' marriage certificate and the date of marriage.
- Legitimation takes effect retroactively from the birth of the child -- legally, it is as if the child had been born legitimate from the very beginning, not just from the date of the parents' marriage.
Requirements for Legitimation
| Document | Details |
|---|---|
| Affidavit of Legitimation | Accomplished by both parents, stating that they are the biological parents of the child, that neither had any legal impediment to marry at the time of conception, and that they have subsequently married. Must be notarized. |
| PSA-authenticated Marriage Certificate | Original PSA-issued marriage certificate of the parents showing their subsequent marriage. Must be a recent copy (issued within the last 6 months for most LCROs). Bring at least one photocopy. |
| PSA Birth Certificate of the Child | Original PSA-issued birth certificate of the child showing the current record. This is the document that will be annotated to reflect the legitimation. |
| Valid IDs of Both Parents | At least one valid government-issued ID per parent (e.g., passport, driver's license, PhilSys/National ID, SSS/GSIS UMID, PRC license). Provide both original and photocopy. |
| Community Tax Certificate (Cedula) | Community Tax Certificate of both parents for the current year. Available at the City/Municipal Treasurer's Office. |
| Acknowledgment/Affidavit of Paternity | Required if the father was not listed in the original birth certificate. The father must execute an affidavit acknowledging paternity, which must be notarized. |
| Filing Fee | Varies by LCRO, typically ~P200-500. Pay in cash at the LCRO cashier or City/Municipal Treasurer's Office. Keep the official receipt. |
Step-by-Step Process for Legitimation
While legitimation itself is automatic upon the subsequent marriage of the parents, the official records must be updated at the LCRO and PSA. Below are the steps to formalize the legitimation and have the child's birth certificate properly annotated.
Verify Eligibility
Confirm that both parents had no legal impediment to marry each other at the time of the child's conception. This means neither parent was married to another person, and there were no other legal impediments (such as being related within prohibited degrees of consanguinity or affinity). If either parent was married to someone else at the time of conception, the child cannot be legitimated.
Get Married (If Not Yet Married)
The parents must contract a valid marriage. The marriage must comply with all formal and essential requisites under Philippine law -- it must be solemnized by an authorized officiant, with a valid marriage license, and in the presence of at least two witnesses. The marriage certificate must be registered with PSA. If the parents are already married, proceed to the next step.
Get PSA Copies of Required Documents
Obtain PSA-authenticated copies of the marriage certificate and the child's birth certificate. These can be requested through PSA Serbilis outlets, online via PSAHelpline.ph, or at PSA offices. The fee is P155 each. These documents will be submitted to the LCRO as part of the legitimation filing.
Go to the LCRO Where the Child's Birth Was Registered
Visit the Local Civil Registry Office (LCRO) of the city or municipality where the child's birth was originally registered. The annotation must be made on the original record of birth. Inform the LCRO staff that you wish to file for the annotation of legitimation on your child's birth certificate due to your subsequent marriage.
Execute the Affidavit of Legitimation
Both parents sign the Affidavit of Legitimation under oath before the Civil Registrar or a notary public. The affidavit states that they are the biological parents of the child, that they were not disqualified from marrying each other at the time of conception, and that they have subsequently married. Some LCROs provide a standard form for this affidavit.
Submit All Documents and Pay Filing Fee
Submit the Affidavit of Legitimation, PSA Marriage Certificate, PSA Birth Certificate, valid IDs, Community Tax Certificates, and any other required documents to the LCRO. Pay the filing fee (typically P200-500 depending on the local government unit) at the LCRO cashier or Treasurer's Office. Keep the official receipt.
Civil Registrar Annotates the Birth Certificate
The Civil Registrar reviews the submitted documents and verifies that all conditions for legitimation are met. Once satisfied, the Civil Registrar annotates the child's birth certificate with the fact of legitimation, including the date and place of the parents' marriage, the change of surname, and the change of status from illegitimate to legitimate.
LCRO Forwards Annotated Birth Certificate to PSA
After the annotation is completed at the local level, the LCRO forwards the annotated birth certificate and all supporting documents to the Philippine Statistics Authority (PSA) for updating the national civil registry database. PSA processing typically takes 2-3 months from the date the LCRO forwards the documents.
Request New PSA Birth Certificate
Once PSA has updated its records, the parents can request a new PSA-issued birth certificate that shows the legitimation annotation and the father's surname. This updated PSA copy is the document that will be accepted by schools, employers, government agencies, and embassies. Request through PSA Serbilis outlets or PSAHelpline.ph (P155 per copy).
Complete Example: Miguel's Legitimation
Miguel, 5, was born to Carlo and Maria who were both single (unmarried) at the time of Miguel's birth. Miguel was registered under his mother's surname (Maria's maiden name). Carlo and Maria recently got married.
Carlo and Maria Got Married
Carlo and Maria got married at Manila City Hall. Their marriage was registered with PSA. Upon this valid marriage, Miguel's legitimation takes effect automatically by operation of law. However, the official records still need to be updated.
Got PSA Copies of Required Documents
Carlo and Maria obtained the PSA Marriage Certificate (P155) and the PSA Birth Certificate of Miguel (P155) through a PSA Serbilis outlet. They also prepared their valid IDs and Community Tax Certificates.
Filed at LCRO and Paid Filing Fee
Carlo and Maria went to the LCRO where Miguel's birth was registered. They executed the Affidavit of Legitimation before the Civil Registrar. They submitted all documents -- Affidavit of Legitimation, PSA Marriage Certificate, PSA Birth Certificate, valid IDs, and cedulas. They paid the P300 filing fee at the Treasurer's Office.
Civil Registrar Annotated Miguel's Birth Certificate
The Civil Registrar reviewed the documents and annotated Miguel's birth certificate. The annotation reflects Miguel's legitimation, his father's surname, and his status change from illegitimate to legitimate. The LCRO forwarded the annotated document to PSA.
PSA Updated Records
PSA updated their national civil registry records. Miguel's new PSA birth certificate now shows his father's surname and the legitimation annotation. Carlo and Maria requested the updated PSA copy (P155) and confirmed that all information is correct.
Cost Summary for Miguel's Legitimation
Total time: approximately 3-4 months from marriage to receiving the updated PSA copy. Actual costs may vary by locality.
Legitimation vs. Recognition vs. Adoption
It is important to understand the differences between legitimation, recognition, and adoption, as they are distinct legal processes with different requirements and effects.
| Process | Who Can Avail | Effect | How |
|---|---|---|---|
| Legitimation | Children of parents who later marry each other (both parents must have been free to marry at the time of conception) | Full legitimate status -- child acquires all rights of a legitimate child, including full inheritance rights | Affidavit of Legitimation + subsequent marriage of parents; administrative process at LCRO |
| Recognition / Acknowledgment | Any illegitimate child acknowledged by the father (regardless of parents' marital status) | Child remains illegitimate but can use the father's surname (under RA 9255) | Affidavit of Acknowledgment executed by the father; administrative process at LCRO |
| Adoption | Any child (including legitimate children) -- creates a legal parent-child relationship | Child becomes legitimate child of the adopter with full rights and obligations | Court proceeding under RA 8552 (Domestic Adoption Act); requires DSWD assessment, home study, and judicial decree |
Frequently Asked Questions
Can a child be legitimated if the father was married to someone else when the child was conceived?
No. Legitimation requires that both parents had no legal impediment to marry each other at the time of the child's conception. If either parent had a subsisting marriage to another person at the time the child was conceived, the child cannot be legitimated, even if the parent later obtains a divorce, annulment, or declaration of nullity and subsequently marries the other parent. In such cases, the only option to confer legitimate status on the child is through the judicial process of adoption.
Does the child automatically change surname after legitimation?
Yes. Once the birth certificate is annotated with the legitimation, the child's surname is officially changed to the father's surname. This change is reflected in all subsequent PSA-issued copies of the birth certificate. The child should then update other records (school records, government IDs, etc.) to reflect the new surname.
What if the parents got married abroad?
If the parents were married abroad, the foreign marriage must first be reported to the nearest Philippine Consulate in the country where the marriage took place. The Consulate will issue a Report of Marriage, which will then be forwarded to the PSA for registration. Only after the marriage is registered with PSA can the parents proceed with filing for legitimation at the LCRO. The parents will need the PSA-issued Marriage Certificate (reflecting the foreign marriage) to file for legitimation.
Can legitimation be done if one parent is deceased?
If the marriage happened before the death of the parent, yes -- the legitimation took effect at the time of the marriage, and the surviving parent can proceed with the annotation at the LCRO. However, if the parent died before the marriage could take place, legitimation cannot occur because there was no subsequent valid marriage. In that case, the only option to confer legitimate status is through adoption.
Is there a time limit for legitimation?
No. There is no time limit for filing for the annotation of legitimation. The legitimation itself takes effect automatically upon the marriage of the parents, and the parents can file for annotation at any time after the marriage. Even if the parents married years ago and never had the birth certificate annotated, they can still file for annotation at the LCRO at any time.
Does legitimation affect other children of the same parents?
The subsequent marriage of the parents legitimates all their children who were conceived when both parents were free to marry each other. However, each child's birth certificate must be individually annotated at the respective LCROs where their births were registered. The parents must file a separate annotation request for each child.
Important Reminders
- Legitimation is automatic but annotation is not: While the legal effect of legitimation takes place automatically upon the parents' marriage, the birth certificate will not be updated unless the parents personally go to the LCRO to file for annotation.
- File at the LCRO where the birth was registered: The annotation must be processed at the Local Civil Registry Office where the child's birth was originally registered, not where the parents currently reside or where the marriage took place.
- Both parents must appear at the LCRO: The Affidavit of Legitimation requires the signatures of both parents under oath. Both must be present at the LCRO or must have the affidavit notarized beforehand.
- Keep all original documents and receipts: Retain original copies of the notarized affidavits, official receipts, and annotated birth certificate. You will need these if any issues arise during the PSA update.
- Wait for the PSA update before requesting new copies: After the LCRO forwards the annotation, wait 2-3 months before requesting a new PSA-issued birth certificate. If you request too early, the PSA database may not yet reflect the changes.
- Children of parents with legal impediments cannot be legitimated: If either parent was married to someone else at the time of the child's conception, legitimation is not possible. Consider adoption as an alternative.
- Each child must be individually annotated: If the parents have multiple children, each child's birth certificate must be separately annotated at the respective LCRO where the birth was registered.
- Update all other government records after annotation: Once you have the updated PSA birth certificate, update your child's name and details with schools, SSS, PhilHealth, Pag-IBIG, and other agencies as needed.
Need Help?
Contact PSA / LCRO
- PSA Civil Registration Service: Manila, Philippines
- PSA Helpline: (02) 8462-6600
- PSA Contact Center: 1388 (local toll-free)
- Email: info@psa.gov.ph
- Website: psa.gov.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 PSA office you visit. We recommend visiting your nearest PSA office first to confirm the specific requirements and process before preparing your documents.