Rights of Illegitimate Children

Posted by Admin | Posted in Family Law, Succession | Posted on 18-01-2010

Tagged Under : , ,

Illegitimate children are those who are born to parents who are not married. If the parents were underage (below 18), the child may still be legitimated if the parents marry upon reaching majority age. But if the parents cannot marry each other because either or both are already married to other persons, or simply because they do not want to marry each other, the solution is legal adoption. That way the child can enjoy the same status as that of a legitimate child. But if for one reason or another, the child remains illegitimate; here is an enumeration of rights that were intended for their benefit.

1. Right to prove their illegitimate filiation

An illegitimate child can prove his blood relationship with his parents in the same way as a legitimate child.

When and how?

The child may file an action to claim illegitimate filiation during his or her lifetime. In this case, it may be proved by:

1) a birth record appearing in the civil register or a final judgment; or

2) admission of filiation in a public document; or

3) admission of filiation in a private handwritten instrument and signed by the parent concerned

The child may also prove filiation through the following:

1)      open and continuous possession of the status of an illegitimate child; or

2)      any other means allowed by the Rules of Court

But in these last two instances, the action to claim filiation may only be filed during the lifetime of the alleged parent. If the parent had died, the child can only claim by presenting any of the first three pieces of evidence.

If the child died when he was still a minor or when he was insane, the right to file the court action is transmitted to his heirs. Heirs would refer to his other relatives. They have a period of five years within which to file the action.

If the action was already filed, it may be continued even if the child or the alleged parent dies while the action was pending. Read the rest of this entry »