The following are considered as legitimate children:

-Children born after one hundred and eighty days following the
celebration of the marriage, and before three hundred days following
its dissolution or the separation of the spouses shall be presumed to
be legitimate. (Art. 225, Civil of the Philippines).

-Children conceived or born during the marriage of the parents are

legitimate.

-Children conceived as a result of artificial insemination of the wife

with the sperm of the husband or that of a donor are likewise
legitimate children of the husband and his wife, provided that both of
them authorized or ratified such insemination in a written instrument
executed and signed by them before the birth of the child. The
instrument shall be recorded in the civil registry together with the
birth certificate of the child. (Art. 164, Family Code of the
Philippines).

The following are considered as 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.

ILLUSTRATION:

Mr. A has a son named Bob prior to his marriage with Mrs. B.

a. If Bob is born from a previous marriage of Mr. A, then Bob is a

legitimate child unless, he satisfies the ground for being
illegitimate. A legitimate child can claim from his/ her legitimate
parents his legitime, but Bob cannot claim a legitime from his step-
mother.
b. If B is born from Mr. A’s previous partner without marriage, then B
is an illegitimate child. Bob can claim his share of legitime from the
properties of his illegitimate parents, but Bob cannot claim a
legitime from his step- mother.

The following are considered as illegitimate parent:

- If you are born out of wedlock, your parents are considered as

illegitimate

- If you are born out of wedlock and your parent remarries, your step-
mother/ step-father does not become an illegitimate parent but, your
parents who conceived you without marriage are your illegitimate
parents.

NOTE: If confusion arises on whether one is a legitmate child,

illegitimate child, legitimate parent or illegitimate parent the court
shall have the final decision.