Press Release
November 4, 2009

LEGITIMATION: EARLY CHRISTMAS GIFT FOR KIDS OF MINOR PARENTS

Senator Bong Revilla today bared that children born to underage parents will have an early Christmas gift in the form of legitimation under a legislative measure awaiting the President's signature.

According to the senator, the enactment of the law would address the inconsistency of the Family Code with the Child and Youth Welfare Code. "While the measure will automatically lapse into law thirty days after its receipt by Malacañang, it would be better if the President will formally signed it to further prove that the government is indeed serious in upholding children's rights. This would be an early Christmas gift to children born to underage parents," said Revilla, Senate author of the pending law.

He explained that under Article 177 of the present Family Code, 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. "Underage parents cannot be married, not until they reach legal age of eighteen years old. This is considered as an impediment under the present Family Code. This contradicts the Child and Youth Welfare Code that guarantees that the State shall promote the welfare and wellbeing of every child, and safeguard their rights, dignity and personality," he said..

The lawmaker stressed that the pending law which was approved by the Senate and Lower House early last month would give due right and recognition to illegitimate children born to underage parents.

"The impediments as provided under our present law impose an encumbrance on the right of the children born to parents below marrying age to be entitled to the same rights as legitimate children. This is clearly unfair. To deny them such right by reason of the minority of their parents, thereby preventing their legitimation, appears to be unreasonable in light of the stigma and difficulties that illegitimate children have to hurdle during their lives," Revilla pointed out.

Under the pending law, children born to parents below marrying age may be legitimated. Upon the marriage of their parents, legitimation automatically takes place. This will relieve the parents from the costly adoption proceedings. Thus, children of underage parents will enjoy the following rights of legitimated children under the Family Code: 1) Bear the surnames of the father and the mother, in conformity with the provisions of the Civil Code on Surnames; 2) Receive support from their parents, their ascendants, and in proper cases, their brothers and sisters, in conformity with the provisions of this Code on Support; and 3) Be entitled to the legitimate and other successional rights granted to them by the Civil Code.

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