Question & AnswerQ&A (Republic Act No. 11222)
The short title of Republic Act No. 11222 is the 'Simulated Birth Rectification Act'.
The main objectives include granting amnesty and allowing rectification of simulated birth for the best interest of the child, fixing the status and filiation of the simulated child with adoption benefits, exempting simulators from liability if they file within 10 years, providing simpler administrative adoption proceedings, and educating the public about the rectification process.
It is defined as the tampering of the civil registry to make it appear that a child was born to a person who is not the child's biological mother, thus causing loss of true identity and status of the child.
Persons who simulated the birth of a child prior to the effectivity of the Act, and those who cooperated, provided the simulation was for the child's best interest and they file a petition for adoption with an application for rectification within 10 years from the Act's effectivity.
The child must have been living with the person or persons who simulated the birth for at least three years before the Act's effectivity, and a Certification Declaring a Child Legally Available for Adoption (CDCLAA) must be issued by the DSWD.
Adopters must be Filipino citizens, of legal age, possess full civil capacity and legal rights, be of good moral character, have no convictions involving moral turpitude, be emotionally and psychologically capable, and be able to support and care for the child. Foreign nationals married to Filipinos must have resided in the Philippines for at least 3 continuous years prior to filing.
Written consent is required from the adoptee if 10 years or older, legitimate and adopted children of adopter and adoptee aged 10 or above, illegitimate children of adopter living with adopter and spouse, and the spouse of the adoptee.
The petition is filed with the city or municipal Social Welfare and Development Officer (SWDO) who examines it within 7 days. If sufficient, it is forwarded to the Regional Director for review and recommendation within 30 days, who then sends it to the Secretary of DSWD, who decides within 30 days.
Penalties include imprisonment from six years and one day to twelve years and/or a fine of not less than P200,000 for acts such as obtaining consent through coercion or fraud, noncompliance with adoption procedures, or subjecting the child to danger, abuse, or exploitation.