Argosy S. Nazareno
ILLEGITIMATE CHILDREN
It is the child who suffers from the imprudence of a parent. The increasing number of illegitimate children in our country shows the lesser importance to the basic unit of society – The family. No wonder that media depicts the crumbling of social norms and order because people tend to rationalize practicality over a complete Family. This social stigma is a serious concern and should be known to the parties involved.
When a couple is having a baby and the relationship falls apart, the support group, such as family and friends, are in a quandary. Two options are quick to appear: first, to reunite the couple and create a happy Family or, second; choose practicality and let the couple have their separate ways, not to force them to a union they do not want or they would end up miserable.
When things get awry and each person goes on separate ways, the climax begins at childbirth. There are two scenarios again, it is either the Father will recognize the child or not. There are two types of illegitimate children: First, the recognized illegitimate child that is allowed to use the father’s surname which the admission is through the record of birth appearing in the civil register; second, the unrecognized illegitimate child which only uses the mother’s surname. While recognized illegitimate children are entitled to the father’s support, the unrecognized child may only get support from the father if the relationship between the child and the father is proven.
Single parents can demand financial support for their children according to the Family Code of the Philippines. It is sad to note that an illegitimate child needs to be duly recognized first by the biological father before he/she may be entitled to support. If the Father does not recognize the child, there are still ways to prove an illegitimate filiation.
If the father unjustly refused to recognize the child, the mother may file an action for compulsory recognition and support against him before the Family Court of the place where the mother or the father of the child resides. This may be filed only during the lifetime of the child according to the following articles of the Family Code:
“Article 173. The action to claim legitimacy may be brought by the child during his or her lifetime and shall be transmitted to the heirs should the child die during minority or in a state of insanity. In these cases, the heirs shall have a period of five years within which to institute the action.”
“Article 175. The action must be brought within the same period specified in Article 173, except when the action is based on the second paragraph of Article 172, in which case the action may be brought during the lifetime of the alleged parent. (289a)”
Once a connection is established, the court shall issue an order compelling the father to recognize the child and to provide for financial support. I have asked some lawyer-friends. Some said that the mother may file a case, while another said that the man can “get away with it”. Another said that the mother may file a VOWC case. Even so, an agreement should be better as to not escalate things and still keep a friendly relationship for the sake of the child.
Couples should think twice before getting into some serious relationship when one or both is not so sure about each other’s feelings. You may not need a man or husband but every child needs a Father.