Being called ‘illegitimate child’ is a term that has overarching sociocultural considerations. It is often accompanied with stigma and discrimination. Regardless of what the scenario entails, children born out of wedlock face unique social discrimination which is a disadvantages for them.
Impact of Discrimination:
Social Important
Social exclusion and banishment from their social and peer groups is often a recurrent theme for children who are termed as illegitimates. They often suffer from an emotional and physical bullying, where making friends becomes unattainable.
(some Filipino parents push there child to bully them, I known some of them are a child of a police officers, teachers and those who being called themselved as profesional).
Emotional Distress
For innumerable children, the social norms and expectations associated with their parents bring a myriad of negative emotions including shame and depression.
The internal self-esteem struggles rooted in being labeled as ‘SWINE’ makes everything for them seem hopeless. With time, it worsens the stigma a child faces as they begin to mature and become more socially aware, further aggravating the chances of mental health issues.
Educational Discrimination
With the additional label of being an illegitimate child, comes discrimination which further impedes their chances of receiving proper education.
Their status may prevent them from attending better schools or guarantee lesser chances of proper treatment in standard schools.
Legal Rights of Illegitimate Child
- Right to Support
Illegitimate children are entitled to receive financial support from their parents, similar to legitimate children. This obligation includes providing for basic needs such as food, shelter, clothing, medical care, and education. The Family Code of the Philippines mandates that both parents, regardless of their marital status, are responsible for supporting their children, whether legitimate or illegitimate.
- Right to Use the Surname of the Father
An illegitimate child may carry the surname of the father, provided that the father has recognized the child voluntarily or through legal means. If the father acknowledges the child, the child has the right to use the father’s surname in official documents, a provision supported by the Revised Implementing Rules and Regulations of RA 9255.
- Right to Inheritance
Illegitimate children have the right to inherit from their parents, although their share is generally less than that of legitimate children. Under the law, an illegitimate child is entitled to inherit half of what a legitimate child would receive from the estate of the deceased parent. This is known as the "legitime" under the Civil Code of the Philippines.
- Right to Parental Recognition
The law provides that an illegitimate child has the right to be recognized by their biological parents. Recognition can be made voluntarily or through judicial proceedings if one of the parents refuses to acknowledge the child. Once recognized, the child is granted the same legal rights as any other recognized child of the parent, though the difference in inheritance rights remains.
- Right to Parental Custody
The custody of an illegitimate child generally belongs to the mother unless the court decides otherwise. The mother has the primary right to care for and raise the child, and she cannot be deprived of this right unless proven to be unfit or if it is in the best interest of the child to be with the father.
- Right to Social Benefits
Illegitimate children are entitled to social benefits such as healthcare and education, as provided by law. Government programs that support children's welfare, regardless of their legitimacy status, are accessible to illegitimate children. This includes enrollment in health insurance programs like PhilHealth and access to public education.
The Importance of Compassion and Understanding:
I don't know but most Filipinos is derailed when it comes with Compassion and Understanding. Yet, it is essential to remember that every child deserves love, support, and the opportunity to reach their full potential.
By challenging societal biases, promoting legal reforms, and fostering a more inclusive and compassionate society, we can help to break the cycle of discrimination and ensure that all children, regardless of their circumstances, have the opportunity to thrive.
Streamlining the legal processes of establishing a paternity claim from a father’s side and ensuring that both parents will have legal recognition from the outset.
Encouraging honest and open conversations about family structures without bias towards children born out of wedlock.
Educating the public on issues concerning illegitimate children, and the need for a supportive and accepting environment towards them.
Offering services such as counseling, mentorship programs, and helping with education so that children without family support will have the resources to limit the challenges they face.
As it stands, illegitimate child need support, love, and nurturing across the globe to become their best selves, and foster through children to become compassionate people.
Their is a need to manage biases, challenge the status quo, spearhead social change, and giving voice to the advocacy of such children in society. This way there will be little or no discrimination, and all children will have a chance at becoming whoever they want without discrimination.
Source:
Image: Generated using Leonardo AI using a prompt below;
Right: https://www.lawyer-philippines.com/articles/legal-rights-of-illegitimate-children-in-the-philippines
A small, adorable newly born human baby comfortably lay in the palm of a gentle human hand, its tiny hand stick up against a soft, creamy background that complements the warm skin tone of the human hand, which is adorned with a few subtle, fine lines and veins, with a few strands of hair visible on the arm, and the overall lighting is soft and warm, with a slight shadow under the hand, emphasizing the tender connection between the newborn baby and the human.
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