Legitimate Illegitimate Legitimated Adoption

Who:  Conceived or born during the  Conceived or born outside  conceived and born outside of Who may adopt:
marriage marriage wedlock of parents who, at the  person of age
 Natural or artificial ways of  Conceived or born of void M time of conception of the former,  possesses full civil capacity and
conception (ex. Artificial (except Art. 35 par. 6 and Art. 36) were not disqualified by any legal rights
insemination by husband or impediment to marry each other,  in a position to support
donor) provided both consented or were so disqualified only  at least 16 years older than the
to the artificial method in a because either or both of them adoptee except if adopter is
written instrument executed were below eighteen (18) years biological parent
before the birth of the child of age
 In cases of two consecutive Who may NOT adopt:
marriages:  guardian whose final account
a) Child is legit of 1st M if has not been approved or
born before 180 days after guardianship has not yet been
2nd M and 300 days after terminated
termination of 1st M  convicted of moral turpitude
b) Child is legit of 2nd M if  alien, except:
born after 180 days after a) former Filipino citizen
2nd M and 300 days after who seeks to adopt a
termination of 1st M relative by
c) If born after 300 days consanguinity
following termination of b) seeks to adopt the
M, legitimacy or legitimate child of his or
illegitimacy is proved by her Filipino spouse
person alleging such c) married to a Filipino
 Extra-marital affair issue of mama citizen and seeks to
Grounds for  physically impossible for the adopt jointly with his or
impugning: husband to make baby within the her spouse a relative by
first 120 days of the 300 days consanguinity of the
which immediately preceded the latter
birth because of:
a) physical incapacity General Rule: H & W must jointly
b) living far apart-not adopt except if:
possible for husband to d) spouse seeks to adopt
cross distance just to his own illegitimate
make baby child
c) serious illness that e) spouse seeks to adopt
prevents making baby the legitimate child of
 biological/scientific proof that the other
husband is not baby’s father In this case, joint parental authority
 in cases of artificial insemination, is exercised.
consent obtained through
mistake fraud, violence,
 intimidation, or undue influence. Who may NOT be adopted:
Who may impugn:  Father  those who are prejudiced in their  person of legal age, except if:
 Heirs of father only if father: rights a) biological child
a) died before the period b) consistently considered and
fixed for bringing his treated as own child of
action lapsed adopter during his minority
b) died after filing the  alien with whose government
complaint without the Philippines has no diplomatic
withdrawing it relations
c) died before child was  person who has already been
born adopted unless such adoption
Period when to  Within 1 year from knowledge of  Within 5 years from the time has been previously revoked or
impugn: the birth or its recording in the their cause of action accrues rescinded
civil register if father or heirs
reside in the city or municipality Necessary written consent:
where the birth took place or was  adoptee if 10 y.o. or older
recorded  biological parent or legal
 Within 2 years from knowledge guardian
of the birth or its recording in the  legitimate/adopted/illegitimate
civil register if father or heirs do (if living with the adopter)
not reside in the city or children of adopter if 10 y.o. or
municipality where the birth took older
place or was recorded but lives in
the Philippines Effects of adoption:
 Within 3 years from knowledge 1. deemed to be legitimate, has
of the birth or its recording in the rights and obligations of a
civil register if father or heirs lives legitimate child
abroad 2. parental authority over adoptee
Proof of filiation:  Conclusive proof:  same is vested in the adopters
a) record of birth 3. remains an intestate heir of his
appearing in the civil biological parents and other
register or a final blood relatives
judgment
b) admission of legitimate
filiation in a public
document or a private
handwritten instrument
and signed by the parent
concerned
 Rebuttable proof:
a) open and continuous
possession of the status
of a legitimate child
 b) other means allowed by
the Rules of Court and
special laws (ex. DNA,
Blood Grouping,
Genealogy, Family
Reputation)
Who can claim  Child during his lifetime  Same if evidence is based on
filiation and  Heirs of child if child: conclusive proof
period when to a) Died during minority  During lifetime of father if
claim: b) Died in a state of evidence is based on rebuttable
insanity proof
*they have a period of 5
years to claim filiation
Rights:  bear the surnames of the father  bears surname of mother (RA  same as legitimate
and the mother 9255: can use papa’s surname if
 receive support from their he acknowledged filiation and
parents, their ascendants, and in has written consent of both
proper cases, their brothers and mama and papa)
sisters  support from mother but can
 custody and parental authority is claim from father if there is proof
exercised by both parents of filiation
 entitled to the legitime and other  custody and parental authority is
successional rights exercised by mama only even if
recognized by papa
 entitled to a share of one-half of
the legitime of a legitimate
Notes  Child is legitimate even if mama  Takes place by a subsequent
declares against it or is convicted valid marriage between parents.
as adulteress  The annulment of a voidable
marriage shall not affect the
legitimation
 Effects of legitimation shall
retroact to the time of the child's
birth even if child died before
such marriage