ON ADMINISTRATIVE ADOPTION

More on adoption aside from administrative: RESCISSION OF ADOPTION

• Foundling refers to a child who is abandoned and whose parentage is unknown

• Simulation of birth record is the tampering of the civil registry to make it appear in the record of birth that a child was born to a person who is not such child’s biological mother

• Simulated birth records may be rectified

Making it appear that a child is yours by simulating his or her birth record is punishable under the law.

What is simulation of birth record?

The law says:

Simulation of birth record refers to the tampering of the civil registry to make it appear in the record of birth that a child was born to a person who is not such child’s biological mother, causing loss of the true identity and status of such child.

Is there a remedy for simulated birth certificates?

The law says:

Yes.

Generally, a person or persons who, prior to the effectivity of Republic Act No. 11222 (An Act Allowing the Rectification of Simulated Birth Records and Prescribing Administrative Adoption Proceedings for the Purpose), simulated the birth of a child, and those who cooperated in the execution of such simulation is criminally, civilly, or administratively liable for such act.

With the effectivity of Republic Act No. 11222, a person or persons who simulated the birth of a child, and those who cooperated in the execution of such simulation shall not be criminally, civilly, or administratively liable for such act. This is called grant of amnesty which is subject to the following conditions:

1. That the simulation of birth was for the best interest of the child, and the child has been consistently considered and treated as the grantee/s’ own; and
2. That a petition for adoption with an application for rectification of the simulated birth shall be applied for within ten (10) years from the date of effectivity of the law on March 29, 2019.

For those who meet the above-stated conditions, they may avail of the administrative proceedings for the adoption and rectification of the simulated birth record if the following conditions are also present:

1. The child has been living with the person for at least three (3) before March 29, 2019; and
2. That a certificate declaring the child legally available for adoption (CDCLAA) is issued by the Department of Social and Welfare Development (DSWD) in favor of the child.

Where should the Petition for Adoption be filed?

The law says:

The Petition for Adoption shall be filed with the Office of the Social Welfare and Development Officer (SWDO)of the city or municipality where the child resides. If it was finally determined that the adoption will redound to the best interest of the child, an order of adoption shall be issued directing:

1. Cancellation of the simulated birth record of the child;
2. Issuance of the rectified birth record bearing the names of the biological parents of the child or the issuance of a foundling certificate (in case of a child who is abandoned and whose parentage is unknown); and
3. The issuance of new birth certificate.

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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

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