Affidavit of Legitimation Sample 1

For parents who have children prior to their marriage, their children can be legitimated by executing an affidavit of legitimation and submitting it as well as other requirements to the Office of the Civil Registrar where the child's birth was registered. This is only applicable to parents who have no legal impediments to marry at the time of the child's birth, i.e. both are single and both are of legal age.


       WE, ______________ and ______________, both of legal age, Filipinos, husband and wife, respectively, and presently residing at _______________________ after having been duly sworn to in accordance with law, depose and state:

1. That we are the biological parents of _______________ who was born on ____________ in _____________ as evidenced by the attached copy of the child’s Birth Certificate, made an integral part hereof as Annex “A”;

2.  That at the time of his/her birth, we, the biological parents were not yet married, hence his/her status in the original birth certificate was entered as Illegitimate.

3. That at the time of the conception of our child, there was no legal impediment for us to contract marriage;

4. That we contracted marriage on _____________ in ______________ which marriage was solemnized by _________________________, as evidenced by the attached Marriage Contract, made an integral part hereof as Annex “B”;

5. That by virtue of our subsequent marriage, the said child is now legitimated by operation of law, particularly Article 177 of the Family Code of the Philippines; 

6. Hence, we are executing this Affidavit to attest to the foregoing facts, for purposes of complying with the requirements in applying for the legitimation by subsequent marriage of our son/daughter, _____________________ and for the proper recording of such legitimation in his/her civil registry documents and Philippine passport, to enable him/her to bear the surname of his/her father and be entitled to all the rights of a legitimated child, and for all legal intents and purposes.

IN WITNESS WHEREOF, we have hereunto set our hands this ___________________ in _______________Philippines.


Affiant (father)
Philippine Passport  No. _____
Issued at: ________________
Issued on: ________________

Affiant (mother)
Philippine Passport  No. _____
Issued at: ________________
Issued on: _______________

 SUBCRIBED AND SWORN TO before me this ___________________ in _________________Philippines, affiants exhibiting to me their valid proofs of identification.

Doc. No. _____;
Page No. _____;
Book No. _____;
Series of 2013.