Question & AnswerQ&A (Republic Act No. 11222)
The short title of Republic Act No. 11222 is the 'Simulated Birth Rectification Act'.
The Act aims to grant amnesty and allow rectification of simulated birth records made for the best interest of the child, fix the status and filiation of such child, provide administrative adoption proceedings, exempt those who simulated the birth record from liability under certain conditions, and educate the public about the law.
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 the child’s biological mother, causing the loss of the true identity and status of such child.
A child is a person below eighteen (18) years of age, or a person eighteen (18) years of age or over who is unable to fully take care of or protect themselves from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or condition, whose birth was simulated.
A petition for adoption with an application for the rectification of the simulated birth record must be filed within ten (10) years from the effectivity of the Act.
Adopters must be Filipino citizens of legal age, possess full civil capacity and legal rights, be of good moral character, have not been convicted of crimes involving moral turpitude, be emotionally and psychologically capable of caring for children, and be able to support and care for the child according to their means.
Written consent is required from the adoptee if ten (10) years old or over, legitimate and adopted children ten (10) years or older of the adopter and adoptee if any, illegitimate children ten (10) years or older of the adopter living with the adopter and spouse if any, and the spouse of the adoptee if any, after proper counseling.
The petition must be filed before the Social Welfare and Development Officer (SWDO) of the child's residence, who examines it within seven (7) days, forwards it to the Regional Director for review within thirty (30) days, who then recommends it to the Secretary of DSWD for a decision within thirty (30) days.
An administrative adoption order has the same effect as a decree of adoption under the Domestic Adoption Act of 1998, establishing the adoptee as a legitimate child of the adopter with all corresponding rights and obligations.
Penalties include imprisonment from six (6) years and one (1) day to twelve (12) years and/or a fine of not less than Two hundred thousand pesos (P200,000.00) for acts such as obtaining consent by coercion or fraud, noncompliance with adoption procedures, or exposing the child to danger, abuse, or exploitation.