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BY GORDON Q. GUILLERGAN
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Remove the barrier
Early on, you face
The realization you don’t
Have a space
Where you fit in
And recognize you
Were born to exist,
But in your heart
Uncertainty forever lies
And you’ll always be
Somewhere on the
Outside – “M. Carey, Outside”
MANY have negative perceptions of children born out of wedlock or those we know to be anak sa labas or illegitimate.
But little do we know that these children do suffer emotional or psychological trauma we could never see from their outward appearance. Most of them tend to project a rather happy and normal childhood but often they hide their pain and emotional anguish.
Under our law, a child who is born of parents not married to each other is an illegitimate child.
Children conceived and born outside a valid marriage are illegitimate, unless otherwise provided in the Family Code of the Philippines. (Article 165 of the Family Code)
Further, the following are considered illegitimate children:
1. children born to couples who are not legally married or of common-law marriages
2. children born of incestuous marriages
3. children born of bigamous marriages
4. children born of adulterous relations between parents
5. children born of marriages void for reason of public policy under Article 38 of the Family Code
6. children born of couples below 18, where they are married or not
7. children born of other void marriages under Article 15 unless otherwise provided (OCRG. Cir. No. 89-13, 17 July 1989)
An unrecognized illegitimate child is not acknowledged by his biological father, and thus has to use the surname of his mother.
If a child is recognized or acknowledged by his father, he or she is allowed to use the surname of the father.
The filiation can be recognized by the father through:
* the recognition of the father of the child’s paternity through the record of birth appearing in the civil register
* when admission is made in a public document, and
* when admission is made in a private handwritten document.
Generally, an illegitimate child – if recognized – has the right to financial, moral and other forms of support similar to that of a legitimate child.
However, the difference would later come to play with regard to succession. An illegitimate child may only inherit one-half of a share of a legitimate child in cases of instate succession or in the absence of a will upon the death of their father.
My heart goes out to children in this kind of situation. They are – beyond their knowledge, beyond their choice and beyond their control – deprived of certain things.
Having a child out of this unfortunate circumstance is not – and I shall emphasize again, NOT – a mistake. The sins of the parents should not redound to their children.
In a society that silently creates barriers, we are often too quick to judge about certain realities and forget our humanity. It pays to listen and understand. Not everyone is born in this world with a perfect life.
Start by removing the barrier. Call him or her your son or daughter, not your stepson or stepdaughter. Call him or her your brother or sister, not your half-sister or half-brother./PN
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