Wednesday, December 07, 2005

Rights of illegitimate children

Q: What are the rights of illegitimate children?

A: Under Republic Act 9255, Article 176 of the Family Code has been amended, allowing illegitimate children to 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. The father, however, has the right to institute an action before the regular courts to prove non-filiation during his lifetime."

Also, whatever a legitimate child gets in terms of inheritance, the illegitimate child is entitled to one-half. For example, if the legitimate child gets one hundred thousand pesos as his share in the inheritance, the illegitimate child gets fifty thousand pesos.

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