WHAT IS LEGITIMATION?
A remedy in which the child, who is illegitimate, is considered legitimate by virtue of the parents not being disqualified to marry each other at the time when the child was conceived and the fact that they subsequently married each other after the child was born.
TO WHOM SHALL APPY?
It shall be applied to all children conceived and born outside of the marriage of parents who, at the time of conception of the child, were not disqualified by any impediment to marry each other.
WHAT ARE THE REQUISITES?
Before a child may be legitimated, the following shall be established:
- The parents are not disqualified to marry each other by any legal impediments at the time of conception
of the child; - The child is conceived and born outside a valid marriage; and
- The parents subsequently enter into a valid marriage.
REQUIREMENTS
- Birth Certificate of the child (PSA and Local Copy)
- Affidavit of Admission of Paternity (If the father has not yet acknowledged the child)
- Affidavit of Legitimation
- Marriage Certificate of the parents (PSA or Certified Local Copy)
- Certificate of No Marriage (CENOMAR) of both parents
- Express Pouch, Phil Post Office or Prepaid Pouch, private courier (Optional)
- Case to case basis:
- Death Certificate of the deceased parent
- Affidavit of Surviving Spouse, if the Affidavit of Legitimation is executed by one parent.
- Court Decision and other pertinent documents of the annulled or divorced parent
- PSA’s Application Form-Birth Certificate
FEES OR CHARGES
- Postal Money Order (Payment for annotated birth certificate in Security Paper)
- Amount: PHP 140.00
- Payee: PSA, Quezon City
- Payor: Flordeliza J. Zulueta, City Civil Registrar, Tagum City
(Note: If the child was born outside Tagum, please submit requirements 1 to 7 only).
- Affidavit of Legitimation Only – PHP 590
- Affidavit of Admission of Paternity and Affidavit of Legitimation – PHP 790 (For children born in Tagum City)
- Affidavit of Admission of Paternity and Affidavit of Legitimation – PHP 290 (For children born outside Tagum City)
Disclaimer: Fees or charges may change without prior notice.
WHO SHALL EXECUTE THE AFFIDAVIT OF LEGITIMATION?
- Both parents shall execute a Joint Affidavit of Legitimation.
- In case one of the parents is dead or presumed dead, the surviving spouse shall execute the Affidavit of Legitimation. The Death Certificate of the deceased parent or the applicable court order shall be required.
- In case both of the parents died without executing any Affidavit of Legitimation, the child, if of age, or his or her guardian, if the child is a minor, may file a petition for legitimation in court.
WHERE TO FILE/REGISTER THE AFFIDAVIT OF LEGITIMATION?
As a general rule, the Affidavit of Legitimation shall be filed and registered at the Office of the Civil Registrar of the place where the child was born within thirty (30) days from the date of execution.
In the case the parents had migrated to another place within the Philippines, the Affidavit of Legitimation may be filed with the Office of the Civil Registrar of the place of residence. Such office shall endorse the Affidavit of Legitimation and the other requirements to the Office of the Civil Registrar of the place where the child was born for registration.
IMPORTANT TIPS / INFORMATION
- The Affidavit of Admission of Paternity and Affidavit of Legitimation shall be notarized by any person authorized by law.
- If the parents are abroad, the Affidavit of Admission of Paternity and/or Affidavit of Legitimation shall be executed before and
notarized by a Consul General/Consul/Vice Consul of the Philippine Foreign Service Post (PFSP) of the country of residence. - If either or both of the parents was/were a minor(s) at the time of conception of the child, the Affidavit of Legitimation shall state the minority of the concerned parent(s) pursuant to RA No. 9858.
- It is highly recommended that the birth certificate of the child to be legitimated will be initially assessed by the Front Desk Officer to properly guide the parents or the child, if of age, on the appropriate remedy or action to be taken, in case there are discrepancies.
- To avoid inconveniences, parents are advised to process the legitimation of their illegitimate children the soonest possible after their marriage.
- To avoid complications in the assessment of documents, FIXERS ARE NOT ALLOWED.
- The government office observes ‘’NO-NOON BREAK” Policy.
For Children Born in Tagum City
The Affidavit of Legitimation shall be filed and registered at the Civil Registrar’s Office, Tagum City within thirty (30) days from the date of execution. The Office shall make the proper annotation in the child’s Birth Certificate and applicable registry book. The registered Affidavit of Legitimation and other pertinent documents will be endorsed to the Civil Registration Service, Philippine Statistics Authority, Quezon City for the issuance of the annotated Birth Certificate in Security Paper (SECPA) which may be claimed within four (4) months, Regulatory Division, Office of the City Civil Registrar, New City Hall, Tagum City.
For Children Born Outside Tagum City
The Affidavit of Legitimation and the other pertinent documents will be transmitted to the Civil Registrar’s Office of the child’s birthplace for registration within thirty (30) days from the date of execution and for annotation in the Birth Certificate. The registered Affidavit of Legitimation and other pertinent documents will be endorsed to the Civil Registration Service, Philippine Statistics Authority, Quezon City for the issuance of the annotated Birth Certificate in Security Paper (SECPA) which may be available, upon request, at any PSA’s Outlet within four (4) months. The Office of the City Civil Registrar, Tagum City can also assist request for annotated Birth Certificate in SECPA from the PSA
