More on adoption aside from this article about registration: ON ADMINISTRATIVE ADOPTION
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Mere registration of a child in his or her birth certificate as a child of the supposed parents is not tantamount to adoption
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Mere registration of a child in his or her birth certificate as a child of the supposed parents amounts to simulation of the child’s birth or falsification in his or her birth certificate
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Simulation of the child’s birth certificate may be rectified
Marissa’s case will help us understand whether a mere registration of a child in his or her birth certificate as a child of the supposed parents constitutes a valid adoption.
Marissa’s case was fully discussed in the case entitled Marissa Benitez-Badua vs. Court of Appeals, Victoria Benitez-Lirio and Feodor Benitez Aguilar, G.R. No. 105625, January 24, 1994.
In this case, Marissa alleged that she is the sole heir of the deceased Vicente Benitez and is capable of administering his estate. She tried to prove that she is the only legitimate child of the spouses Vicente Benitez and Isabel Chipongian. She submitted documentary evidence, among others:
- her Certificate of Live Birth;
- Baptismal Birth Certificate;
- Income Tax Returns and Information Sheet for Membership with the GSIS of the late Vicente naming her as his daughter; and
- School records.
Marissa also testified that said spouses reared and continuously treated her as their legitimate daughter.
On the other hand, Victoria and Feodor (Vicente’s sister and nephew, respectively), tried to prove that Vicente and his wife failed to beget a child during their marriage. A doctor was even presented that the late Isabel was referred to him for treatment. Also, Victoria categorically declared that Marissa was not the biological child of the said spouses who were unable to physically procreate.
In fact, Victoria testified that Vicente and his wife wanted to adopt his youngest daughter but she refused. The couple then tried to look for a baby to adopt elsewhere, that Vicente found two baby boys but Isabel wanted a baby girl. When Vicente finally brought home a baby girl, he told Victoria he would register the baby as his and his wife’s child.
As a consequence, the Supreme Court was not convinced that Marissa is a biological child, thus, not the sole heir of the deceased Vicente Benitez. Also, the Court recognized that it has become a practice in the recent times for people who want to avoid expense and trouble of a judicial adoption to simply register the child as their supposed child in the civil registry.
Is a mere registration of a child in his or her birth certificate as the child of the supposed parents constitutes a valid adoption?
The Supreme Court says:
No.
In this case, the Court noted that perhaps Vicente thought that he could avoid the trouble if not the expense of adopting the child Marissa through court proceedings by merely putting himself and his wife as the parents of the child in their birth certificate. Or perhaps he had intended to legally adopt the child when she grew a little older but did not come around doing so either because he was too busy for some other reason.
But definitely, the mere registration of a child in his or her birth certificate as the child of the supposed parents is not a valid adoption, does not confer upon the child the status of adopted child and the legal rights of such child, and even amounts to simulation of the child’s birth or falsification of his or her birth certificate, which is a public document.
In cases of simulation of child’s birth certificate, you may want to read our article on administrative adoption.
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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