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Joint Affidavit Of Legitimation for Philippines

Joint Affidavit Of Legitimation Template for Philippines

A Joint Affidavit of Legitimation is a legal document executed under Philippine law by both biological parents who have subsequently married each other, declaring the legitimation of their child or children born prior to their marriage. This document, which must be notarized and filed with the Local Civil Registrar, serves as a formal declaration that changes the status of a child from illegitimate to legitimate by virtue of the parents' subsequent marriage, as provided under Articles 177-182 of the Family Code of the Philippines. The affidavit includes crucial information about the parents, their marriage, and the child or children being legitimated, along with supporting documentation.

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Joint Affidavit Of Legitimation

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What is a Joint Affidavit Of Legitimation?

The Joint Affidavit of Legitimation is a crucial legal instrument in Philippine family law that enables parents to formally legitimate their child or children born prior to their marriage. This document becomes necessary when parents who have had children out of wedlock subsequently marry each other and wish to change their children's status from illegitimate to legitimate. The affidavit must comply with the requirements set forth in the Family Code of the Philippines and related regulations, containing detailed information about the parents, their subsequent marriage, and the child or children being legitimated. It must be properly notarized and filed with the appropriate civil registry office. The document serves multiple purposes, including updating civil registry records, establishing inheritance rights, and ensuring the child's legal status is properly documented. This process is particularly important in the Philippines, where legitimacy status can have significant legal and social implications.

What sections should be included in a Joint Affidavit Of Legitimation?

1. Title and Jurisdiction: States the document type and the jurisdiction (specific city/municipality in the Philippines) where the affidavit is being executed

2. Affiant Information: Complete identification details of both parents (affiants) including their names, ages, citizenship, civil status, and residential addresses

3. Marriage Information: Details of the parents' subsequent marriage including date, place, and marriage certificate number

4. Child Information: Complete details of the child being legitimated including full name, date of birth, place of birth, and birth certificate details

5. Declaration of Legitimation: Formal statement declaring that the child was legitimated by virtue of the subsequent marriage of the parents

6. Verification and Certification of Oath: Standard verification statement and certification of oath before a notary public

What sections are optional to include in a Joint Affidavit Of Legitimation?

1. Additional Children: Section for legitimating multiple children, included when more than one child needs to be legitimated

2. Previous Marriage Declaration: Statement declaring no legal impediment to the marriage, included when either parent was previously married

3. Consent of Adult Child: Added when the child being legitimated is of legal age (18 years or older), including their consent to the legitimation

4. Religious Ceremony Details: Included when the marriage was celebrated in a religious ceremony in addition to civil rites

What schedules should be included in a Joint Affidavit Of Legitimation?

1. Birth Certificate: Certified true copy of the child's birth certificate attached as supporting document

2. Marriage Certificate: Certified true copy of the parents' marriage certificate attached as supporting document

3. Valid IDs: Photocopies of valid government-issued IDs of both parents

4. Certificate of No Marriage (CENOMAR): If applicable, CENOMAR of parents prior to their marriage as supporting document

Authors

Alex Denne

Head of Growth (Open Source Law) @ 抖阴短视频 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Document Type

Affidavit

Cost

Free to use
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