Simulation of birth is a criminal act, punishable under our laws. Simulation occurs when persons who are not the biological parents register the child as their own making its appear that they are the natural parents of said child. Many couples or even individuals who are not blessed with children resort to this because the adoption process is very tedious, long, and expensive. The good news is, Republic Act 11222 was passed in 2019 and became effective in October of the same year. For the case to be within the application of this law, the birth of the child must have been simulated by the adopting parents and said child has been living with the “adopters” for at least three years prior to the effectivity of the act. This act is actually meant to cure or remedy the defect and it is only effective until 29 March 2029.
Administrative Adoption
To remedy the simulated birth, the adoption under this law is an administrative one to be filed with and decided by secretary of the Department of Social Welfare and Development (DSWD) and does not need to go through court hearings unlike the process in regular adoption proceedings. the simulated adoption should have been undertaken by those involved for the “best interest of the child”. The provision that the child must have been living with the petitioners for at least 3 years prior to March 29, 2019 has to be clarified. This provision means that if the child has been living with the petitioners for only 2 years before March 29, 2019, the case will not be qualified under this law. It should also be clear that even if the simulation of birth was done before March 29, 2019 but the child did not live with the petitioners for 3 years or more before said date, still the case will not be covered by this law. This law will not also cover simulation of birth after March 29, 2019.
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The act doe not cover rectification or correction to reflect the name of the biological parent/s in the certificate of live birth of the child. Also not covered are instances where the relatives file for adoption by a deceased of a child. The petitioners must have been those entered as parents on the simulated certificate of live birth of the child. If the purported father files for administrative adoption and the mother stated in the simulated certificate of live birth is the biological mother of the child.
Qualifications
Some of the conditions or qualifications have been mentioned above. The qualifications of the petitioners under this law is almost the same with those stated in the Domestic Adoption Law but in addition, if the spouse of the adopting parent is a foreigner, he or she should have been continuously residing in the country for at least three years. A Certificate Declaring the Child Legally Available for Adoption (CDCLAA) must have been issued by the DSWD except of the person to be adopted is no longer a minor or a relative.
Rescission
The administrative adoption may be rescinded by the secretary of the DSWD (presumably). The adoptee may file a petition based on the grounds stated in the act but in no case can the adopter/s file said action against the adoptee. This is because adoption is always for the best interest of the child but they can disinherit the latter on the grounds as stated in Article 919 of the Civil Code.
For more information regarding the procedure on administrative adoption, it is best if interested individuals consult the Municipal or City Social Welfare and Development Office of their city or municipality.
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