How Can An Illegitimate Child Be Entitled To Child Support

Child support is an issue that unmarried mothers have to face when the child is born out of wedlock. It is often difficult to chase after fathers who have abandoned children to avoid responsibility. In general, children born outside a valid marriage is referred to as illegitimate children, but there are other reasons for illegitimacy.

1. Children born of couples below 18, regardless of the existence of marriage;
2. Children born of incestuous marriages;
3. Children born of adulterous relations between parents;
4. Children born of other void marriages specified under Article 15;
6. Children born of bigamous marriages.

Two Types of Illegitimate Children

1. Recognized illegitimate child: This is the child that the father recognizes or acknowledges. The child is also allowed to use the father's surname. The father can recognize the filiation through: admission made in a public document, admission made in a private handwritten document and father's recognition through the record of birth appearing in the civil register.

2. Unrecognized illegitimate child:The child is know recognized by his biological father and has to use the mother's surname.

While recognized illegitimate children are entitled to the father's support, the unrecognized child may only get support from the father if the relationship between the child and the father is proven. 

"Chapter 3. Illegitimate Children

Art. 175. Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children.

The action must be brought within the same period specified in Article 173, except when the action is based on the second paragraph of Article 172, in which case the action may be brought during the lifetime of the alleged parent. (289a)

Art. 176. Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child. Except for this modification, all other provisions in the Civil Code governing successional rights shall remain in force. (287a)
Chapter 4. Legitimated Children

Art. 177. Only children conceived and born outside of wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other may be legitimated. (269a)

Art. 178. Legitimation shall take place by a subsequent valid marriage between parents. The annulment of a voidable marriage shall not affect the legitimation. (270a)

Art. 179. Legitimated children shall enjoy the same rights as legitimate children. (272a)

Art. 180. The effects of legitimation shall retroact to the time of the child's birth. (273a)

Art. 181. The legitimation of children who died before the celebration of the marriage shall benefit their descendants. (274)

Art. 182. Legitimation may be impugned only by those who are prejudiced in their rights, within five years from the time their cause of action accrues. (275a)"

Pinoy Attorney

Written by : Pinoy Attorney