Affidavit of Legitimation: Meaning, Purpose, and Sample Form
An Affidavit of Legitimation is a sworn legal document executed by the parents of a child who was born out of wedlock, declaring that they subsequently married each other and are thereby legitimating the child pursuant to applicable laws. In the Philippines, this affidavit is commonly submitted to the Philippine Statistics Authority (PSA) to support the legitimation of a child’s civil status.
Legitimation allows the child to enjoy the same rights as a legitimate child, including the use of the father’s surname, inheritance rights, and other legal benefits. This affidavit must be truthful and supported by valid documents.
When Is an Affidavit of Legitimation Required?
An Affidavit of Legitimation is commonly required for the following purposes:
- Legitimation of a child born out of wedlock
- Correction or updating of birth records with the PSA
- Use of the father’s surname by the child
- School, passport, or legal documentation
- Compliance with civil registry requirements
Supporting documents usually include the child’s birth certificate, parents’ marriage certificate, and valid IDs of the parents.
What Should Be Included in an Affidavit of Legitimation?
A valid Affidavit of Legitimation should include:
- Complete details of both parents
- Complete details of the child
- Statement that the parents were not legally disqualified to marry at the time of birth
- Statement that the parents subsequently married each other
- Purpose of executing the affidavit
- Signatures of both parents and notarization
Sample Affidavit of Legitimation (Editable Template)
Replace all bracketed information below with the correct details before printing and notarization.
REPUBLIC OF THE PHILIPPINES
[CITY / MUNICIPALITY]
[PROVINCE]
AFFIDAVIT OF LEGITIMATION
We, [FULL NAME OF FATHER] and [FULL NAME OF MOTHER], both of legal age, [citizenship], and residing at [complete address], after having been duly sworn in accordance with law, hereby depose and state:
1. That we are the biological parents of [FULL NAME OF CHILD], who was born on [date of birth] at [place of birth].
2. That at the time of the birth of our child, we were not legally married but were not disqualified by law from marrying each other.
3. That we subsequently contracted a valid marriage on [date of marriage] at [place of marriage].
4. That by virtue of our marriage, our child is deemed legitimated in accordance with existing laws.
5. That we are executing this affidavit to formally declare the legitimation of our child and for purposes of updating civil registry records.
6. That the foregoing statements are true and correct to the best of our knowledge and belief.
IN WITNESS WHEREOF, we have hereunto affixed our signatures this [day] day of [month, year] at [place of execution].
_________________________________
[FULL NAME OF FATHER]
Father
_________________________________
[FULL NAME OF MOTHER]
Mother
SUBSCRIBED AND SWORN to before me this [day] day of [month, year] at [place], the affiants presenting competent proof of identity.
_________________________________
NOTARY PUBLIC
Doc. No. _____;
Page No. _____;
Book No. _____;
Series of _____.
Disclaimer: This template is for general reference only. For legitimation concerns, follow PSA and civil registrar requirements or consult a lawyer.