How do you legitimize an illegitimate child after marriage?
In order for legitimation to take place, it is essential that: (1) the child was conceived and born outside a valid marriage; (2) at the time said child was conceived, his/her parents were not disqualified by any legal impediment to marry each other, or if they were so disqualified, it is only because either or both of …
What if I am married but I have a baby with another man Philippines?
Art. 164 of the Philippine Family Code categorically provides that children conceived or born during the marriage of the parents are legitimate. Thus, such love child shall be classified as the legitimate child of the husband and wife. In fact, Art.
Can wife sell property after husband’s death Philippines?
Thus, it has been held that the sale of conjugal properties cannot be made by the surviving spouse without the legal requirements. The sale is void as to the share of the deceased spouse (except of course as to that portion of the husband’s share inherited by her as the surviving spouse).
Can illegitimate child use his father’s surname?
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.
How do I transfer my illegitimate child to legitimate?
To qualify for legitimation, the following requisites must be complied with: the parents of the illegitimate child were not under any legal impediment to marry each other except when they were disqualified because either or both of them were below 18 years of age; and subsequent valid marriage between the parents of …
Do illegitimate child have the same rights as 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]. Thus, the law does not treat legitimate and illegitimate children similarly insofar as inheritance is concerned.
What happens when a married woman has a child with another man?
If a man fathers another woman’s child while he is married, his wife is not the legal mother of that child. As the legal father of the children born during his marriage, a husband may have custody and parenting time. He may also be responsible for providing child support and health insurance.
When a husband dies what is the wife entitled to in Philippines?
The surviving spouse is entitled to ¼ of the hereditary estate if there is only one legitimate child. With 2 or more legitimate children, the surviving spouse is entitled to a portion equal to the legitime of a legitimate child.
Who are illegitimate children under the Family Code?
Children conceived or born during the marriage of the parents are legitimate [Article 164, Family Code]. Conversely, children conceived AND born outside a valid marriage are illegitimate [Article 165, Family Code].
Can I change my child’s surname without the father’s consent Philippines?
Under the law, “(n)o person can change his name or surname without judicial authority.” (Article 376, Civil Code of the Philippines) Thus, if you desire to change the surname of your daughter from that of the father to yours, you must file the appropriate petition before the court.