Illegitimate or nonmarital children, A175-176 Family Code

1. Concept

NB: While the Family Code uses the terms legitimate or illegitimate, the Supreme Court has shifted to using marital children to refer to legitimate children, and nonmarital children to refer to illegitimate children. This is a move away from the pejorative terms of “legitimate” and “illegitimate”. (Supreme Court n.d., ‘SC Revisits “Iron Curtain Rule” in Succession Law, Upholds Best Interest of the Child’, https://sc.judiciary.gov.ph/sc-revisits-iron-curtain-rule-in-succession-law-upholds-best-interest-of-the-child/)

1) Nonmarital children, a.k.a. illegitimate children – are those who were conceived or born outside of a valid marriage between the parents, unless otherwise provided in the Family Code. (FAMILY CODE, Article 165)

2) Marital children, a.k.a. legitimate children – are those who were conceived or born during the marriage of the parents, including artificial insemination whether either or both are donors provided they authorized or ratified such in writing before the birth of the child. (Ibid., Article 164)

Under Article 176 of the Family Code, all illegitimate children are generally placed under one category, without any distinction between natural and spurious.The concept of “natural child” is important only for purposes of legitimation.Without the subsequent marriage, a natural child remains an illegitimate child. (Briones v. Miguel, G.R. No. 156343, October 18, 2004, Per Panganiban, J.)

Illegitimate or nonmarital children, A175-176 Family Code

1. Concept

2. Proof of filiation for illegitimate or nonmarital children

3. Action to establish filiation for illegitimate or nonmarital children

4. Use of Surname for illegitimate or nonmarital children

5. Parental authority for illegitimate or nonmarital children

6. Support for illegitimate or nonmarital children

7. Legitime for illegitimate or nonmarital children

Subjects

Notes

Links

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