Simulated Birth Rectification Act

CDCLAA: Certification by DSWD declaring child legally available for adoption, terminating biological parents' rights.
Child: Person below 18 or over 18 with disability who had birth simulated.
Foundling: Abandoned child with unknown parentage.
Simulation of birth record: Tampering of civil registry to falsify birth parentage.
Other terms defined include Regional Director, Secretary (DSWD), and Social Welfare and Development Officer.

Persons who simulated birth prior to law effectivity not liable if:
- Simulation was in child’s best interest.
- Child treated as their own.
- Petition for adoption and rectification filed within 10 years.
Benefits apply to adult adoptees as well.

Petitioners who simulated birth and child lived with them at least 3 years before law’s effectivity may apply for administrative adoption.
CDCLAA must be issued by DSWD for the child.
Evidence related to simulation cannot be used against petitioners in court.

Adopters must be Filipinos, of legal age, good moral character, no convictions for moral turpitude, emotionally capable, and financially able.
Foreign national spouses must have 3 years continuous residency prior to filing.
Required written consents include adoptee (if 10 years or older), legitimate and adopted children of adopter (10+), adoptee’s spouse, and relevant family members.

Petition filed with city or municipal SWDO using affidavit stating necessary facts including simulation circumstances.
Required documents include simulated birth certificate, barangay certification, affidavits from disinterested persons, CDCLAA, and recent photographs.
SWDO reviews for sufficiency; forwards to Regional Director.
Regional Director recommends within 30 days; Secretary decides within 30 days.
Petition may be supplemented with additional evidence.

If in child’s best interest, Secretary issues order effective from petition filing date.
Order cancels simulated birth record, issues rectified birth record with biological parentage or foundling certificate, and issues a new birth certificate.
Adoption order has same effect as court decree under Domestic Adoption Act.
Local Civil Registrar annotates cancellations and issues new certificate without any notation.

Adoptee considered legitimate child with all rights and obligations.
All legal ties with biological parents severed except if biological parent is spouse of adopter.
Reciprocal succession rights between adopter and adoptee apply.
Testamentary succession governed by will if present.

Grounds include maltreatment, attempt on life, sexual assault, abandonment, or other harmful acts by adopter.
Petition for rescission filed and processed similarly to adoption.
If granted, biological parents’ authority restored if minor/incapacitated; mutual rights extinguished.
Succession rights revert, respecting vested rights before rescission.
Criminal liability unaffected where applicable.

Imprisonment (6 years 1 day to 12 years) and/or fine (minimum ₱200,000) for:
- Consent obtained via coercion, fraud, or undue influence.
- Noncompliance with adoption procedures.
- Subjecting child to danger, abuse, or exploitation.