Simulated Birth Rectification Act

Case Overview and Summary

Summary of Republic Act No. 11222 (Simulated Birth Rectification Act)

Objectives (Section 2):
- Grant amnesty and allow rectification of simulated birth records if done for the child's best interest
- Fix the status and filiation of a child with simulated birth, granting adoption benefits
- Exempt from liability those who simulated birth records before the law's effectivity, if a petition for adoption and rectification is filed within 10 years
- Provide simpler and less costly administrative adoption proceedings for children living with simulators for at least 3 years before the law's effectivity
- Educate the public about rectifying simulated births and encourage availing the law's benefits

Definitions (Section 3):
- Child: person below 18 years old or unable to take care of self due to disability, whose birth was simulated
- Foundling: abandoned child with unknown parentage
- Simulation of birth record: tampering civil registry to make it appear a child was born to someone who is not the biological mother

Rectification of Simulated Birth Record (Section 4):
- No criminal, civil, or administrative liability for those who simulated birth records before the law's effectivity, if:
  - Simulation was for the child's best interest
  - Child was consistently treated as their own child
  - Petition for adoption and rectification filed within 10 years of the law's effectivity
  - Benefits also apply to adult adoptees

Administrative Adoption and Rectification (Section 5):
- Simulators may avail administrative adoption and rectification proceedings if:
  - Child lived with them for at least 3 years before the law's effectivity
  - DSWD issues a certificate declaring the child legally available for adoption (CDCLAA)

Inadmissible Evidence (Section 6):
- All documents related to adoption and rectification under this law cannot be used as evidence against simulators or cooperators in any criminal, civil, or administrative proceeding

Personal Qualifications of Adopters (Section 7):
- Filipino citizens, of legal age, with full civil capacity and legal rights
- Good moral character, not convicted of crimes involving moral turpitude
- Emotionally and psychologically capable of caring for children
- Able to support and care for the child
- Foreign national spouse must have resided in the Philippines for at least 3 continuous years before filing petition

Required Consent (Section 8):
- Adoptee if 10 years old or over
- Legitimate, adopted, and illegitimate children of adopter and adoptee if 10 years old or over
- Spouse of the adoptee, if any

Petition Requirements (Section 9):
- Affidavit stating facts and circumstances of birth simulation
- Copy of simulated birth or foundling certificate
- Affidavit of admission if simulation done by third person
- Certification from punong barangay on residency and child living with petitioner for at least 3 years
- Affidavits from 2 disinterested persons attesting child lived with petitioner for at least 3 years
- CDCLAA from DSWD (not required for adult adoptees or relatives within 4th degree)
- Recent photographs of child and petitioner

Adoption Process (Section 10):
- Petition filed with city/municipal Social Welfare and Development Officer (SWDO)
- SWDO examines petition within 7 days and forwards to Regional Director if sufficient
- Regional Director reviews petition, establishes child's identity, and makes recommendation within 30 days
- Regional Director transmits recommendation to DSWD Secretary
- Secretary decides on petition within 30 days of receiving recommendation

Order of Adoption (Section 11):
- Issued by Secretary if adoption is in child's best interest
- Effective on date petition was filed with SWDO
- States child's new name
- Directs cancellation of simulated birth record, issuance of rectified birth record or foundling certificate, and issuance of new birth certificate
- Has same effect as decree of adoption under Domestic Adoption Act of 1998

Civil Registry Record (Section 12):
- Secretary transmits adoption order to concerned DSWD Regional Office
- Local Civil Registrar stamps "cancelled" on simulated birth record and rectified birth/foundling certificate, seals them, and issues new birth certificate without notation

Socialized Fees (Section 13):
- City/municipal SWDO, Regional Director, and Local Civil Registrar may charge socialized fees
- Fees waived for indigent petitioners

Confidentiality (Section 14):
- All documents related to administrative adoption proceedings are strictly confidential
- Disclosure only allowed upon written request of adoptee or guardian

Effects of Administrative Adoption (Sections 15-17):
- Adoptee considered legitimate child of adopter with all rights and obligations
- All legal ties between biological parents and adoptee severed, vested in adopter (except if biological parent is spouse of adopter)
- Adopter and adoptee have reciprocal rights of succession without distinction from legitimate filiation

Rescission of Administrative Adoption (Sections 18-20):
- Grounds for rescission by adoptee: repeated maltreatment, attempt on life, sexual assault, abandonment, or other detrimental acts by adopter
- Adopter cannot rescind adoption but may disinherit adoptee for Civil Code causes
- Rescission process follows administrative adoption procedure
- Upon rescission, parental authority of biological parents restored if adoptee is minor/incapacitated
- Reciprocal rights and obligations of adopter and adoptee extinguished
- Successional rights revert to pre-adoption status but vested rights respected

Violations and Penalties (Section 21):
- 6 years and 1 day to 12 years imprisonment and/or fine of at least P200,000 for:
  - Obtaining adoption consent through coercion, fraud, or improper inducement
  - Non-compliance with adoption procedures and safeguards
  - Subjecting or exposing adopted child to danger, abuse, or exploitation

Information Dissemination (Section 22):
- DSWD to disseminate information on the law in coordination with DILG, DepEd, DOH, local government leagues, CWC, and PSA

Implementing Rules and Regulations (Section 23):
- To be issued by DSWD Secretary within 60 days of law's effectivity, after consultation with PSA, DILG, DOJ, CWC, local civil registrars, child-caring agencies, and child's rights organizations

Repealing Clause (Section 24):
- Section 22 of Republic Act No. 8552 (Domestic Adoption Act of 1998) is repealed
- Other inconsistent laws, decrees, orders modified or amended accordingly

Separability Clause (Section 25):
- If any provision is declared unconstitutional or invalid, remaining provisions not affected shall remain in force

Effectivity (Section 26):
- Law takes effect 15 days after publication in Official Gazette or newspaper of general circulation