What rights does an illegitimate child have in the Philippines?
An illegitimate child shall inherit one-half (1/2) of the share of a legitimate child. The general rule is that an illegitimate child is entitled to one-half (1/2) of the share of a legitimate child [Articles 895 and 983, Civil Code].
Table of Contents
What rights does an illegitimate child have in the Philippines?
An illegitimate child shall inherit one-half (1/2) of the share of a legitimate child. The general rule is that an illegitimate child is entitled to one-half (1/2) of the share of a legitimate child [Articles 895 and 983, Civil Code].
Can illegitimate child inherit in Philippines?
This rule is Article 992 of the Civil Code: Article 992. An illegitimate child has no right to inherit ab intestato from the legitimate children or relatives of his father or mother; nor shall such children or relatives inherit in the same manner from the illegitimate child.
Can father of illegitimate child obtain custody Philippines?
By law, the mother of the illegitimate offspringhas sole parental authority and may keep the child in her care. This rule applies even if the father acknowledges paternity. Though the court may require the father to provide support, the court will not grant full custody.
Who has custody of an illegitimate child in Philippines?
Illegitimate children are automatically under the sole custody and parental authority of the mother. The age of the child or whether the father expressed paternity and consent to the child using his surname doesn’t matter.
Is illegitimate child entitled to support?
Illegitimate children are entitled to support. Single parents can demand legal, financial support for their illegitimate children according to the provisions of the Family Code.
Can illegitimate child use surname of father?
However, illegitimate children may use the surname of their father if their filiation has been expressly recognized by the father through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is made by the father.
Who has parental authority over illegitimate child?
As a general rule, the father and the mother shall jointly exercise parental authority over the persons of their common children. However, insofar as illegitimate children are concerned, Article 176 of the Family Code states that illegitimate children shall be under the parental authority of their mother.
What is Republic 9858?
AN ACT PROVIDING FOR THE LEGITIMATION OF CHILDREN BORN TO PARENTS BELOW MARRYING AGE, AMENDING FOR THE PURPOSE THE FAMILY CODE OF THE PHILIPPINES, AS AMENDED.