Republic Act No. 9858 – Legitimization of Children Born to Minor Parents

January 7, 2010

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.

31 Responses to “Republic Act No. 9858 – Legitimization of Children Born to Minor Parents”

  1. 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?

  2. Thanks! for the clarification regarding the amended RA 9858.

  3. to the question of Michael. i think they have to adopt the child. im not sure.

  4. 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.

  5. 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.

  6. can i use all emails, facebook comments, texts and voice recording in pldt landline as evidence?

  7. hmmm bakit nawala yung isang comment ko?

  8. 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?

  9. 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.

  10. 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.

  11. 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.

  12. 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

  13. 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.

  14. ask lang wt is the effect of naturalization by father on legimit children

  15. my tanong lang po ako,,, yong kapated ko ay nakipag live in for 6 yrs i think an then nag karoon sila ng dalawang anak ngayon hiniwalayan nya ang ka live in nya,,, ngayon my habol ba ang babae sa kapated ko,,, coz i think she want more money frm my brother,,

  16. Legitimation retroacts from the birth of the child.

  17. hi ask ko lang po pwedi ko po ba e change kasi po nakalagay sa birth nang anak ko ang middle name niya apilyedo nang tatay niya.tapus sa akin yong surname niya.yon po kasi ang sinulat nang kumadrona..tapud niirklamo ko yon..sabi na aayusin daw niya..binigyan niya po ako nang xerox nang birth nang anak ko..yon apiliyedo na nang papa niya..tapus nong kumuha na ako nang NSO ganun parin ang nakasulat wala parin pagbabago..pwedi po ba tulungan niya ako..litong lito na po ksi ako eh.

  18. gud day sir, ikokonsulta ko lang po to, ang name ng asawa ko is JOEL LITERAL GAKO, kaso po ang nakalagay po sa birth cert nya is JOEL LETIRAL GAKO bale nagkaroon po ng discrepancy sa middle name, anu po ang requirements at saan ko po dapat ayusin to, ang gingamit po kasi nya is yung LITERAL sa lahat, sana po matulungan nyo po ako

    maraming salamat po

    Maribel Gako

  19. hi po!may anak ako isa sa ka live in partner ko hindi kami pwede iksal kasi hes already married pero hiwalay na sila almost 8 years n and dati nyang asawa may kinakasama na din na iba.may anak kasi sila dati gusto ko lang po malamn kung ano po ba ang pwedeng habol ng anak ko pagdating ng panahon ,kung ano po ba ang karapatan na makuha ng anak ko ,kasi hindi ko alam kung ano mangyayari pagdating ng panahon atleast para sa akin i just have to prepare para naman hindi magiging kawawa ang anak ko.ako sa sarili ko alam ko wala akong habol pero pinapangalagaan ko lang po ang para sa anak ko…tnx po,godbless!

  20. hi Atty. gd am….ask ko lang po is there any other way on how i can secure a legitimation form so i can have it filed in National Staistics Office? I have gathered all the requirements needed but the legal counsel in NSO-Manila said that i still need to submit the Affidavit to use the Surname of the Father signed by my husband via the Philippine Embassy and Philippine Consulate in the U.S. since he was already been in Calfornia by 5 years now. The problem was he can`t show up to the Embassy and our Consulate there because of the status of his stay there and his documents are still insufficient. Do the use of my husband’s surname legal even before we got married? what will happen to my son`s school records them to be legitimated child considering.

  21. Hi Atty. I was once Married when I was 18 years old and had 3 kids at the age of 23 with the marriage.. but then we separated because the man I married had a nervous breakdown and was in UERM psychiatric ward for quiet sometimes.. Then I had all my 3 kids with me and after 3 years a met a man whom i had a relationship with and we had a child didnt know he was married untill i got pregnant with our baby so I decided to end our relationship…both this man never supported me financially for the children/child I had with them. After 4 years again I met an american man who is single and became my BF as we planned to get my annullment with the man I marry when I was 18( just turned 18 and was force by my dad to marry this man to cover up his mistakes).This american guy works at the US emabassy and we lived together for 2 years and we had concieve a child and his only child but then again he was assigned to Columbia for next assignment and we never get married at all since he started to be busy away untill communication was lost till the child was born and now our son is 7 years old but he has been supporting the child since the kid was 1 year old and he legally signed the paternity of the child and even had the US citizen passport. So basically we parted ways when I was 5 months pregnant with this 5th child I had but his first… After 5 years of being separated I am now 35 years old and had met another man whom courted me dispite of having 5 kids and he doesnt care at all.. he is single, a politician, he has daughters from previous relationship but the woman is now married and had another children in the UK now… this politician is known for his womanizing in his town in Bulacan but since I am not from there I dont know what he does.. then we lived together for 6 months and I got pregnant as he wished to me to be and promised that we will get married once I get my annulment I didnt know this is just his ways of making a woman believe him whom he did promised to a lot of woman the same… give him and child and they will get married… now that I am… he told me he got too many obligations specially with a sick father… he can not have another obligation and he wants me to abort the baby…but I didnt…when he found out I didnt abort the baby he started to avoid me and even sent me home he said he will be busy… now in his facebook account you will see him out drinking almost everynight or out of town with numbers of different woman as I have sent him mgs.. he continue to ignore me…even warned me not to go to thier house anymore..can I sue him for this obligation with me being a 7 month preggy now. I want him be responsible to this child he asked for this…I loved him and believed in him…now he is just acting like I dont exist anymore…I am not the kind of woman who bear babies for support as my first 4 children are not being supported by thier dads either but we do have a communication and we are friends even friends with thier live in partners now.. only the father of my 5th child supports his son… I am working as a reservation manager for a US base resort… the reason why I am seeking for help is for this Politician to know his responsibility not just to ignore me just like I dont exist at all.. I need financial support for delivering my baby with him. can I sue him for this? he is in a relationship with another lady lawyer so he kept on sneding me threats that if I continue he will sue me for harrasment..what is the best I can do with this??

  22. Halo, My mom adopted one of a son of her Brother without adoption paper. This Child carries our family name till now, all his records (school record, NSO etc) are PARAJES but this child stayed in together with his real family. He is now 22 years old, my question is: Is it possible to change his Family name from Parajes to his real family name? does he really have a right to get some parts of the property of my parents eventhough he is not legally adopted? pls bear with me.. tnx

  23. Has the implementing rules and regulations for RA 9858 already formulated? If so, where can I get a copy. Was in in the process of having my grandson legitimized last year but the NSO says that the IRR was being formulated at that time and held pending the application until the IRR is ready.

    Thanks for your help.

  24. Hi po.. retroactive effect of legitimation, kasama po ba doon ang pagchange ng entry sa birth records ng bata? using the the father’s family name?

  25. Hello magandang hapon, Gusto ko sa iyo na makakatulong sa amin sa ang kahulugan na mayroon akong isang anak na babae, isang Filipino sa mamamayan, ang mga resulta ng isang relasyon na nangyari sa bansang Hapon, siya ay nagkaroon ng babae sa Pilipinas, at ngayon kami ay separated, at wala akong makipag-ugnayan kasama ang aking anak na babae, nanay ang din ay nasa bansang Hapon, at ang aking anak na babae sa pangangalaga ng kanyang mga kamag-anak, at ako bilang isang magulang at gusto kong mag-ingat ng aking anak na babae! Ngayon siya ay 6 na taon gulang, at may dalawahan nasyonalidad, ako dalhin ito sa Japan at kung saan sila nakatira ngayon … Gusto kong malaman kung paano gawin upang magkaroon ng legal na pag-iingat ng bata? Salamat para sa iyong participations.

  26. Hi, tanong ko lang po, 8 years po kami nag live-in ng exboyfriend ko at nagkaroon kami ng malusog na anak na babae sa ngayon mag 8 years na ang anak namin, noong 1 to 6 years old po siya ang gamit niyang family name ay apelyedo ko, pero noong umuwi po ako last january sa pinas inaacknowledge na po ng ama niya ang anak ko at nilipat sa apelyedo ng ama niya ang apelyedo ng anak ko.Ang tanong ko po may karapatan naba ako humingi ng sustento sa ama niya?Kung meron po pwede ko mahingi kung saan ko kayo pwede makontak.. maraming salamat po.

  27. hi atty.

    got few questions lng po. ung bf ng fren ko may 2 kids na at nkaapilyido s kanya. ask lng po naming about s child support kasi may plans kasi silang mgpapakasal. at least malalaman n ng fren ko bagi sila ikasal. salamat po..

  28. ano po ang requirements pra s ra 9858? thank you

  29. ask ko lang po
    meron po akong ka Live in, meron kameng anak n 5months old if ever na gusto ko ng makipag hiwalay maisasama ko ba ung baby ko? matatakot kasi ako mayaman sila at sila halos ung gumastos samin ng baby ko. kaso nasasakal n po ako, i cant even live may own life.

  30. Ask Ko Lang po Kung pwedeng ma legitimized ung anak Ko. Nagpakasal po Kami ng father ng anak Ko. Pero my first marriage sya. Kaya po ung kasal namin ay invalid.

  31. What are the requirements in the legitimation of children (R.A. 9858) born out of wedlock, parents’ both minor during the time of CONCEPTION? and parents’ of legal age? many thanks.

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