Republic Act No. 9858 – Legitimization of Children Born to Minor Parents
Children born out of wedlock to parents who were not allowed by law to marry for being minors are now qualified for legitimation. This has been made possible by Republic Act No. 9858, which has amended Article 177 of the Family Code of the Philippines. Previously, Article 177 stated that only children born out of wedlock to parents who were not disqualified from getting married at the time of conception could be legitimized. Effectively, this legal irony excluded children whose parents were barred from getting married because they were underage. With the new law, legitimation would automatically take place upon marriage of the parents. Moreover, couples who had children when they were below the marrying age would not need to go through the process of having to adopt their own offspring just so their kids could enjoy the rights of legitimate children.
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Example Facts:
Minor Parent gave birth to a child before the effectivity of the new law.;but subsequently married to the biological father upon reaching legal age at the time the said law was not yet enacted.
Question:
Will the amended RA 9858 have a retroactive effect to those children born by minor parents but subsequently married upon reaching the legal age at the time the said law was not yet enacted?
If not, what would be the remedy?
Thanks! for the clarification regarding the amended RA 9858.
to the question of Michael. i think they have to adopt the child. im not sure.
I believe it will retroact.
although as a general rule, law has no retroactive effect but the exemptions are as follow?
if it is penal in character, and favorable to the accused
if it is procedural
if it is remedial
if it expressly state so,
though i do not know whether RA 9858 expressly state is retroactivity, considering that it is a remedy to the article 177 of the family code, hence it will retroact.
ask ko lang po, my partner and I were of legal age during the time i gave birth to a child out of wedlock before August 1988 then I have 2 children born out of wedlock too after august 1988….My long time live-in patner and I got married only in 2002… and in 2005 i gave birth to another child…My questions is : do I really need to adopt my three first children to be legitimated? or my marriage to their father has made them legitimate…..Do their use of my husband’s surname legal even before we got married? what will happen to their school records (all with the same father) them to be legitimated child considering.
can i use all emails, facebook comments, texts and voice recording in pldt landline as evidence?
hmmm bakit nawala yung isang comment ko?
my husband and I were of legal age when I gave birth to our eldest before August 1988, then we have another 2 children after august 1988…all of them were born out of wedlock……then we got married just last 2002 and bore another child in 2005…..How will I go about in legitimizing my first 3 children?
di ba automatic pag kinasal sa legal age automatic din yung bata mapupunta sa apelyedo ng tatay. bakit ang daming gusto pang hingin ang nso. pinahihirap lang nila yung sitywasyon may consultation pang gagawin . dami na nga namin ginawa para sa apelyedo ng bata. may may joint of affidavitof legitimation n nga dami pang gustong hingin.
The question of retroactivity of the law is a very good issue, which is yet to be interpreted by the High Court.
my opinion on this matter, would be on the wisdom of the lawmakers in enacting this law. I am for its favorability. The purpose of the law is to amend Article 171 of the FC, and to clear the term “legal impediment”, which should not include minority.
It is absurd to adopt a child which was the result as an offspring of both the married couple. Still, this issue may be a good case if it reaches the Supreme Tribunal.
This is for Jen, there is no need to adopt your child out of wedlock if your legal age during the birth of the child what you need to do after marriage is to apply for legitimation of the said subject children.
Our eldest son was conceived when I was just 17, we got married upon reaching 20. After getting married, we immediately fix the legitimation of our eldest son. QC hall gave us a birth certificate now with my husbands surname, with annotation informing that we are now married and my eldest son can now use my husbands surname. My son is now applying for his PRC, when he went to NSO, it says there that he is still under my maidens surname. All this time, all of his documents, such as: school records, passport, license and other important documents is under my husbands surname. What can we do about this? He’s having a hard time getting his PRC. Most importantly, when will this r.a. 9858 be approved or applicable?
Please help me with my problem… Thank you:D
Child being born without marriage, whos name to be follow is his mother or father family names or her mother can choice. either of the two.
ask lang wt is the effect of naturalization by father on legimit children