What is the status of a child born to parents below marrying age if such parents subsequently marry each other upon reaching the age of majority?
According to Article 177 of the Family Code as amended by Republic Act No. 9858, "Children conceived and born outside of wedlock of parents who, at the time of conception of the former, were not disqualified by any impediment to marry each other, or were so disqualified only because either or both of them were below eighteen (18) years of age, may be legitimated."
Prior to the enactment of Republic Act No. 9858 on December 20, 2009, only children conceived and born outside of wedlock of parents who, at the time of the conception of the said child, were not disqualified by any impediment to marry each other may be legitimated. Under the old provision, minority of either one or both the parents is considered a legal impediment to marry and a subsequent marriage upon reaching the age of majority does not cure the illegitimate status of the child born within such union. The amendment of Article 177 by RA No. 9858 added minority as one of those instances where a child may be legitimated.
Finally, Article 178 of the Family Code states that, "Legitimation shall take place by a subsequent valid marriage between parents. The annulment of a voidable marriage shall not affect the legitimation."