Being a parent is a huge responsibility, but parental responsibilities can be stressful if you are a single parent. You need to fulfil the roles of a mother and a father and make sure that your child’s basic needs are met. Child custody and support may be one of the intense issues for couples who choose to go on separate ways. If fighting for the custody of the child is burdensome to separated couples, just imagine the ordeal of single parents. What exactly are the rights of a child of an unwed mother? As stipulated in Republic Act No. 9225, children conceived or born outside a valid marriage still has the right to establish filiation and their rights as to their inheritance and surname. For the illegitimate children to establish relationship with their biological parent, they need to have the same evidence as the legitimate children.
Proving filiation of legitimate and illegitimate children:
• Record of birth, which appears in the civil register or a final judgment;
• Legitimate filiation admission in a public document or any private handwritten instrument, which is signed by the parent concerned.
If the evidence cannot be presented, filiation can be proved by:
• The continuous and open possession of the status of a legitimate child; or
• Other means approved by the Rules of Court and special laws.
Laws supporting the right of illegitimate children are also outlined in Republic Act No. 386:
"SECTION 1
Recognition of Natural Children
Article 276. A natural child may be recognized by the father and mother jointly, or by only one of them. (129)
Article 277. In case the recognition is made by only one of the parents, it shall be presumed that the child is natural, if the parent recognizing it had legal capacity to contract marriage at the time of the conception. (130)
Article 278. Recognition shall be made in the record of birth, a will, a statement before a court of record, or in any authentic writing. (131a)
Article 279. A minor who may not contract marriage without parental consent cannot acknowledge a natural child, unless the parent or guardian approves the acknowledgment or unless the recognition is made in a will. (n)
Article 280. When the father or the mother makes the recognition separately, he or she shall not reveal the name of the person with whom he or she had the child; neither shall he or she state any circumstance whereby the other parent may be identified. (132a)
Article 281. A child who is of age cannot be recognized without his consent.
When the recognition of a minor does not take place in a record of birth or in a will, judicial approval shall be necessary.
A minor can in any case impugn the recognition within four years following the attainment of his majority. (133a)
Article 282. A recognized natural child has the right:
(1) To bear the surname of the parent recognizing him;
(2) To receive support from such parent, in conformity with article 291;
(3) To receive, in a proper case, the hereditary portion which is determined in this Code. (134)
Article 283. In any of the following cases, the father is obliged to recognize the child as his natural child:
(1) In cases of rape, abduction or seduction, when the period of the offense coincides more or less with that of the conception;
(2) When the child is in continuous possession of status of a child of the alleged father by the direct acts of the latter or of his family;
(3) When the child was conceived during the time when the mother cohabited with the supposed father;
(4) When the child has in his favor any evidence or proof that the defendant is his father. (n)
Article 284. The mother is obliged to recognize her natural child:
(1) In any of the cases referred to in the preceding article, as between the child and the mother;
(2) When the birth and the identity of the child are clearly proved. (136a)
Article 285. The action for the recognition of natural children may be brought only during the lifetime of the presumed parents, except in the following cases:
(1) If the father or mother died during the minority of the child, in which case the latter may file the action before the expiration of four years from the attainment of his majority;
(2) If after the death of the father or of the mother a document should appear of which nothing had been heard and in which either or both parents recognize the child.
In this case, the action must be commenced within four years from the finding of the document. (137a)
Article 286. The recognition made in favor of a child who does not possess all the conditions stated in article 269, or in which the requirements of the law have not been fulfilled, may be impugned by those who are prejudiced by such recognition. (137)
SECTION 2
Other Illegitimate Children
Article 287. Illegitimate children other than natural in accordance with article 269 and other than natural children by legal fiction are entitled to support and such successional rights as are granted in this Code. (n)
Article 288. Minor children mentioned in the preceding article are under the parental authority of the mother. (n)
Article 289. Investigation of the paternity or maternity of children mentioned in the two preceding articles is permitted under the circumstances specified in articles 283 and 284. (n)"
