We appreciate the opportunity to advise you regarding your case.

Before we discuss the law and

your legal alternative, we like to review our understanding of the facts so that we can confirm
that we have an accurate understanding of what happened. We are stating the pertinent
information about the advice that we will be rendering and the facts you provided to us. If these
facts are incomplete or incorrect, please let us know.
The following facts are based on your given information. You told us that you are already a 40
year old and five moths pregnant by your 19 year old boyfriend. You come to us to ask for the
status of your child and the possibility of your marriage to your boyfriend, who can't obtain a
parental consent.
Based on our research about the possibility of your marriage to your boyfriend, your marriage is
possible provided that the essential and formal requisites as provided by the Article 2 of the
Family Code are present. The following are the essential requisites of marriage: 1) Legal
capacity of contracting parties who must be a male and a female; and 2) Consent freely given in
the presence of the solemnizing officer. The formal requisites of marriage are: 1) Authority of the
solemnizing officer; 2) A valid marriage license except in the cases provided for in Chapter 2 of
this Title; and 3) A marriage ceremony which takes place with the appearance of the contracting
parties before the solemnizing officer and their personal declaration that they take each other as
husband and wife in the presence of not less than two witnesses of legal age.
Given the facts, both of you are of legal age to contract marriage. Considering that your
boyfriend is 19 years old, parental consent must be sought to obtain a marriage license. If no
parental consent was obtained, but a marriage license was issued, the marriage can be celebrated
but it is voidable or annullable. Your marriage is still considered valid and binding, but can be
subjected to annulment. Hence, your boyfriend or the parent or guardian or person having legal
charge of him can ask for the annulment of your marriage. If you got married and your boyfriend
subsequently asks for annulment, provided that the court granted it, then, your marriage is null
and void. Hence, you are now single as your boyfriend is also single. Parental consent and
parental advice are not needed anymore if you and you're boyfriend is already over 25 years of
age, based on law. We advised you to get married if all the essential and formal requisites are
present.
Therefore, your marriage is still possible.
Based on our research and your given facts about the status of your child , your child could
obtain the status of a legitimate, illegitimate or legitimated child. Your child is legitimate if
conceived or born during your marriage to your boyfriend, as provided in Art. 164, 1st
paragraph of the Family Code. Your child is illegitimate if conceived and born outside a valid
marriage, as provided in Art. 165 of the Family Code. This is when you and your boyfriend did
not get married or contracted marriage which is considered void. Your child can be legitimated if
conceived and born outside of wedlock provided that at the time of conception of the child, you

and your boyfriend were not disqualified by any impediment to marry each other, or were so
disqualified only because either or both of you are below eighteen (18) years of age as provided
in Art. 177 of the Family Code.
Therefore, the status of your child will be based whether you and your boyfriend got married
before or after your child is born.
After you read and think this over, please give us a call to schedule a follow-up meeting so that
we can furthermore and in-depth discuss your case. We want to help you make a decision that is
best for you, your boyfriend and your child. We look forward to hearing from you.
Best regards,