Article 887 of the Civil Code of the Philippines lists the compulsory heirs who cannot be deprived of their legitime (the portion of the estate reserved by law for them). Illegitimate children are included in this list, together with legitimate children.

Under Article 895, the legitime of an illegitimate child is one-half of the legitime of a legitimate child. For example, if a legitimate child’s legitime is PHP 200,000, the illegitimate child’s legitime would be PHP 100,000. The remaining portion of the estate can be disposed of freely by the testator (through a will) or distributed according to the rules of intestate succession.

Recognition Is Required

The illegitimate child must be recognized by the parent to claim inheritance rights. This recognition can be voluntary (the parent signs the birth certificate, executes an acknowledgment, or treats the child as their own) or compulsory (through a court order establishing paternity or maternity).

Proof of Filiation

To claim inheritance, the child must prove their filiation (the parent-child relationship). Evidence may include the birth certificate, acknowledgment documents, photos, testimony, or DNA testing if necessary.

No Distinction Based on Circumstances of Birth

The law does not distinguish between illegitimate children born from adulterous relationships, casual relationships, or other circumstances. All recognized illegitimate children have the same succession rights.

1. Determine if you were recognized — Check your birth certificate for the father’s signature or an acknowledgment document.
2. Gather evidence of filiation — Photos, communications, witness affidavits, or any document showing the parent acknowledged you.
3. File a claim — If the estate is being settled, file your claim with the settlement court or the administrator of the estate.
4. Seek legal help — If the estate is contested, or if the other heirs dispute your status, consult a lawyer.