Rectification of Simulated Birth Records Act

Certification Declaring a Child Legally Available for Adoption (CDCLAA): Document by DSWD declaring a child legally available for adoption.
Child: Person under 18 or physically/mentally incapacitated adult whose birth was simulated.
Foundling: Abandoned child with unknown parentage.
Simulation of birth record: Tampering with civil registry making a child appear born to a non-biological mother.
Other terms defined include roles such as Regional Director, Secretary (DSWD), and Social Welfare and Development Officer.

Those who simulated birth prior to the Act are exempt from liability if the act was in the child's best interest and the child was treated as their own.
Petition for adoption and rectification must be filed within 10 years of the Act’s effectivity.
Benefits also apply to adult adoptees.

Eligible if child lived with simulators for at least 3 years before the Act’s effectivity and a CDCLAA is issued.
CDCLAA confirms that a child is legally available for adoption.

Petitions and related documents cannot be used as evidence against simulators or cooperators in any proceedings.

Must be Filipino, of legal age, morally upright, without criminal record involving moral turpitude.
Must be psychologically and emotionally capable and financially able to care for the child.
Foreign nationals married to Filipinos must have resided in the Philippines for 3 continuous years prior to filing.

Written consent required from adoptee if 10 years or older.
Consent also required from legitimate and adopted children 10 years or older of adopter and adoptee.
Consent required from adoptee’s spouse if any.

Petition filed in the Social Welfare and Development Officer (SWDO) office where the child resides, in affidavit form.
Supporting documents include simulated birth certificate, affidavits, barangay certification, CDCLAA, and recent photographs.
Petition reviewed by SWDO, then Regional Director, who makes recommendation within 30 days.
Secretary decides on petition within 30 days of recommendation.

If in best interest of child, Secretary issues adoption order effective from petition filing date.
Order mandates cancellation of simulated birth record, issuance of rectified birth record or foundling certificate, and a new birth certificate.
Administrative adoption order has effect equal to judicial decree of adoption.

Order transmitted to DSWD Regional Office and Local Civil Registrar (LCR).
LCR cancels simulated birth record and rectified birth certificate, seals these records, and issues a new birth certificate without notation.

Socialized fees may be charged but waived for indigents.
All related adoption documents are confidential; disclosure only with written request of adoptee or guardian.

Adoptee considered legitimate child of adopter with all associated rights and obligations.
Parental authority vested solely in adopter, severing ties with biological parents except if biological parent is spouse of adopter.
Reciprocal succession rights between adopter and adoptee equal to legitimate filiation.

Adoptee may petition for rescission due to maltreatment, attempted harm, sexual violence, abandonment, or acts harmful to psychological development.
Adoption cannot be rescinded by adopter; however, disinheritance possible under Civil Code grounds.
Rescission process mirrors adoption procedure with immediate action required.
Upon rescission, parental authority reverts to biological parents if known and adoptee is minor/incapacitated; succession rights revert.
Vested rights before rescission protected; criminal penalties may apply if relevant.

Imprisonment of 6 years and 1 day to 12 years and/or fine of at least P200,000 for:
- Obtaining consent by coercion, fraud, improper inducement.
- Noncompliance with adoption procedures.
- Exposing adopted child to danger, abuse, or exploitation.

DSWD coordinates with other government agencies and local government units for public information campaigns.
Secretary of DSWD to issue implementing rules within 60 days of Act’s effectivity after consultations.

Act takes effect 15 days after publication in the Official Gazette or a newspaper of general circulation.