Legal Scholar Calls for Review of Legitimacy Rules in Philippine Family Law

Philippine family law should look beyond traditional labels of legitimacy and give greater weight to the actual circumstances and best interests of children, a legal scholar and human rights advocate said. Atty. Amparita S. Sta. Maria, a professor at Ateneo de Manila University, raised the issue at the opening of the university’s new “Ateneo Family Law Program.” Sta. Maria argued that the current legal framework, which primarily bases a child’s legitimacy on the marital status of their parents, may not adequately reflect modern societal realities. She highlighted instances where children born to unmarried parents, or those in de facto relationships, might face disadvantages due to the absence of legal legitimacy, even if they receive substantial care and support from their parents. From a human rights perspective, Sta. Maria emphasized the need for a more flexible and practical approach in family law to ensure the utmost protection of children's rights. She asserted that the actual environment of love, upbringing, and financial support a child receives is more critical to their development and well-being than the formal legal status of legitimacy. This proposal takes into account the increasing diversity of family structures in Philippine society and the growing number of children raised by single parents. The core principle is that family law should be fair and inclusive for all children. The hope is that legal reforms will help free more children from social stigma and legal disadvantages. Source: Inquirer NewsInfo