Administrative Adoption to Rectify Simulated Birth Records

An Overview of Republic Act No. 11222 or the Simulated Birth Rectification Act.


On the 21st of February 2019, Republic Act No. 11222, also known as the “Simulated Birth Rectification Act”, was signed into law. Among the objectives of the law is to fix the status and filiation of a child whose birth was simulated by giving such child all the benefits of adoption, to provide for and allow a simpler and less costly administrative adoption proceeding, and to exempt from criminal, civil and administrative liability those who simulated the birth record of a child prior to the effectivity of the law.


Simulation of Birth Record refers to the tampering of the civil registry record 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 the loss of the true identity and status of such child.


Administrative Adoption refers to a process whereby a person assumes the parental authority of a child, from the biological parent or parents. It permanently transfers all rights and responsibilities, along with filiation to the adoptive parent/s.


WHAT:

Petition for Administrative Adoption with Application for Rectification of Simulated Birth Record (“Petition” for brevity) refers to the accomplished application stating:


· the circumstances behind the simulation of birth of a child;

· the petitioner/s qualifications to adopt such child; and

· the grounds that would warrant the grant of an administrative adoption by the Secretary.


WHO:

Petitioner/s* who simulated a child’s birth record, consistently considered and treated said child as his or her or their own daughter or son may file the Petition, provided that the child has been under his or her of their care and custody for at least three (3) years prior to the effectivity of the Act**.


*NOTE: Petitioner refers to person or persons whom the child consider/s as parent/s and intended to legalize their parent-child relationship by filing the Petition for Administrative Adoption with Application for Rectification of Simulated Birth Record.


**NOTE: Republic Act No. 11222 or the Simulated Birth Rectification Act was approved on 21 February 2019. The same was uploaded on the Official Gazette on 14 March 2019;


WHEN:

The Petition shall be filed 15 days after the publication of the Implementing Rules and Regulations (IRR) until March 29, 2029*.


*NOTE: The IRR was approved on 07 October 2019. The same was uploaded on the Official Gazette on 25 November 2019;


WHERE:

The Petition together with complete supporting documents shall be filed by the Petitioner(s) with the Social Welfare and Development Office* of the city or municipality where the child resides. The SWDO shall the examine the Petition and its supporting documents within 7 days to determine if it is sufficient in form and substance.


*NOTE: Social Welfare and Development Office (SWDO)refers to the office in the city or municipality that discharges the social welfare and development programs and services devolved to such local government units (LGUs).



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