Simulated Birth Rectification Act

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February 21, 2019

REPUBLIC ACT NO. 11222

AN ACT ALLOWING THE RECTIFICATION OF SIMULATED BIRTH RECORDS AND


PRESCRIBING ADMINISTRATIVE ADOPTION PROCEEDINGS FOR THE PURPOSE

ARTICLE I
General Provisions
SECTION 1. Short Title. — This Act shall be known as the "Simulated Birth
Rectification Act."
SECTION 2. Objectives. — This Act shall have the following objectives:
(a) To grant amnesty and allow the recti cation of the simulated birth of a
child where the simulation was made for the best interest of the child, and
that such child has been consistently considered and treated by the
person or persons who simulated such birth as her, his, or their own
daughter or son;
(b) To x the status and liation of a child whose birth was simulated by
giving such child all the bene ts of adoption and ensuring that the child
shall be entitled to all the rights provided by law to legally adopted
children, without any discrimination of any kind, as well as to love,
guidance, and support from the child's adoptive family;
(c) To exempt from criminal, civil, and administrative liability those who
simulated the birth record of a child prior to the effectivity of this Act:
Provided, That a petition for adoption with an application for the
rectification of the simulated birth record is filed within ten (10) years from
the effectivity of this Act;
(d) To provide for and allow a simpler and less costly administrative
adoption proceeding where the child has been living with the person or
persons who simulated her or his birth record for at least three (3) years
before the effectivity of this Act; and
(e) To educate and inform the public about the recti cation of simulated
births, and to encourage people to avail of the benefits of this Act.
SECTION 3. Definition of Terms. — As used in this Act:
(a) Certi cation Declaring a Child Legally Available for Adoption (CDCLAA)
refers to a document issued by the Secretary of the Department of Social
Welfare and Development (DSWD) or the Secretary's duly authorized
representative as provided for by Republic Act No. 9523, otherwise known
as "An Act Requiring Certi cation of the Department of Social Welfare and
Development (DSWD) to Declare a 'Child Legally Available for Adoption' as
a Prerequisite for Adoption Proceedings, Amending for this Purpose
Certain Provisions of Republic Act No. 8552, otherwise known as the
Domestic Adoption Act of 1998; Republic Act No. 8043, otherwise known
as the Inter-Country Adoption Act of 1995; and Presidential Decree No.
603, otherwise known as the Child and Youth Welfare Code, and for Other
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Purposes," administratively declaring that a child is legally available for
adoption which terminates the rights of the biological parents, guardian, or
other custodian to exercise authority over the child upon issuance of the
certificate;
(b) Child refers to 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
herself or himself or protect herself or himself from abuse, neglect, cruelty,
exploitation, or discrimination because of a physical or mental disability or
condition, whose birth was simulated;
(c) Foundling refers to a child who is abandoned and whose parentage is
unknown;
(d) Regional Director refers to the head of afield office of the DSWD;
(e) Secretary refers to the Secretary of the DSWD;
(f) 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 such child's biological mother, causing the loss of the true identity
and status of such child; and
(g) Social Welfare and Development O cer refers to the head of a city or
municipal social welfare and development o ce, which serves as the
frontline of a city or municipal government in the delivery of social welfare
and development programs and services.
ARTICLE II
Rectification of Simulated Births
SECTION 4. Recti cation of Simulated Birth Record . — Notwithstanding any
provision of law to the contrary, a person or persons who, prior to the effectivity of this
Act, simulated the birth of a child, and those who cooperated in the execution of such
simulation, shall not be criminally, civilly, or administratively liable for such act:
Provided, That the simulation of birth was made for the best interest of the child and
that the child has been consistently considered and treated by such person or persons
as her, his, or their own daughter or son: Provided, further, That such person or persons
has or have led a petition for adoption with an application for the recti cation of the
simulated birth record within ten (10) years from the effectivity of this Act: Provided,
finally, That all the benefits of this Act shall also apply to adult adoptees.
SECTION 5. Administrative Adoption and Recti cation . — A person or
persons who simulated the birth of a child under the conditions provided under Section
4 of this Act may avail of administrative proceedings for the adoption and recti cation
of the simulated birth record of such child: Provided, That the child has been living with
the person for at least three (3) years before the effectivity of this Act: Provided,
further, That a certi cate declaring the child legally available for adoption (CDCLAA) is
issued by the DSWD in favor of such child.
SECTION 6. Inadmissible Evidence. — All petitions, documents, records, and
papers relating to adoption and recti cation of simulated births under this Act cannot
be used as evidence against those who simulated the birth of a child or who
cooperated in the execution of such simulation in any criminal, civil, or administrative
proceeding.
ARTICLE III
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Additional Requirements for Administrative Adoption
SECTION 7. Personal Qualifications. — Adopters must:
(a) Be Filipino citizens;
(b) Be of legal age;
(c) Possess full civil capacity and legal rights;
(d) Be of good moral character;
(e) Have not been convicted of any crime involving moral turpitude;
(f) Be emotionally and psychologically capable of caring for children; and
(g) Be in a position to support and care for the child in keeping with the
means of the family. aDSIHc

In case of adoption by a married couple, where one of the adopters is a foreign


national married to a Filipino, the foreign national must have been residing in the
Philippines for at least three (3) continuous years prior to the ling of the petition for
adoption and application for rectification of simulated birth record.
SECTION 8. Required Consent. — After being properly counseled and
informed of the right to give or withhold approval of the adoption, the written consent
of the following shall be required:
(a) The adoptee, if ten (10) years of age or over;
(b) The legitimate and adopted daughters and sons, ten (10) years of age or
over, of the adopter and adoptee, if any;
(c) The illegitimate daughters and sons, ten (10) years of age or over, of the
adopter if living with said adopter and the latter's spouse, if any; and
(d) The spouse, if any, of the adoptee.
ARTICLE IV
Administrative Adoption Procedure
SECTION 9. Petition. — The petition for adoption with an application for
recti cation of simulated birth record shall be in the form of an a davit and shall be
subscribed and sworn to by the petitioner or petitioners before any person authorized
by law to administer a rmations and oaths. It shall state the facts necessary to
establish the merits of the petition, and the circumstances surrounding the simulation
of the birth of the child. The petition shall be supported by the following:
(a) A copy of simulated birth or foundling certificate of the child;
(b) A davit of admission if the simulation of birth was done by a third
person;
(c) Certi cation issued and signed by the punong barangay attesting that the
petitioner or petitioners is a resident or are residents of the barangay, and
that the child has been living with the petitioner or petitioners for at least
three (3) years prior to the effectivity of this Act;
(d) A davits of at least two (2) disinterested persons, who reside in the
same barangay where the child resides, attesting that the child has been
living with the petitioner for at least three (3) years prior to the effectivity
of this Act;
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(e) CDCLAA issued by the DSWD; and
(f) Photographs of the child and the petitioner or petitioners taken within the
last three (3) months prior to the filing of the petition.
A CDCLAA shall no longer be required if the adoptee is already an adult or a
relative of the adopter within the fourth degree of consanguinity or affinity.
SECTION 10. Adoption Process. — The petition shall be led with the O ce
of the Social Welfare and Development O cer (SWDO) of the city or municipality where
the child resides. The SWDO shall have seven (7) days to examine the petition and its
supporting documents and determine whether the same is su cient in form and
substance. If the SWDO nds that the petition is insu cient in form or substance, the
SWDO shall return the same to the petitioner with a written explanation of its
insu ciency. If the SWDO nds the petition su cient in form and substance, the SWDO
shall forward the petition and the supporting documents within three (3) days to the
Regional Director.
The Regional Director shall review the petition, establish the identity of the child,
and prepare the recommendation on the petition not later than thirty (30) days from
receipt thereof. The Regional Director may require the petitioner to submit additional
information or evidence to support the petition. The failure of the petitioner to comply
with such request shall not preclude the Regional Director from acting on the petition
based on the evidence on hand.
The Regional Director shall transmit to the Secretary the recommendation on the
petition together with a copy of the petition and supporting documents.
The Secretary shall act and decide on the petition within thirty (30) days from
receipt of the recommendation of the Regional Director.
SECTION 11. Order of Adoption. — If the Secretary determines that the
adoption shall redound to the best interest of the child, an order of adoption shall be
issued which shall take effect on the date the petition was led with the O ce of the
SWDO, even if the petitioner dies before its issuance.
The order of adoption shall state the name by which the adoptee shall be known
and shall likewise direct the:
(a) Cancellation of the simulated birth record of the child;
(b) Issuance of the recti ed birth record bearing the names of the biological
parents of the child or the issuance of a foundling certificate; and
(c) Issuance of a new birth certificate.
An administrative adoption order obtained under this Act shall have the same
effect as a decree of adoption issued pursuant to Republic Act No. 8552, otherwise
known as the "Domestic Adoption Act of 1998."
SECTION 12. Civil Registry Record. — The Secretary shall immediately
transmit the order of adoption to the concerned DSWD Regional O ce, which shall in
turn provide copies to the petitioners, the concerned agencies and the appropriate local
civil registrar.
The Local Civil Registrar shall stamp the simulated birth record "cancelled" with
an annotation of the issuance of a new recti ed certi cate of birth in its place. The
recti ed birth certi cate bearing the names of the biological parents of the child or the
foundling certi cate shall then likewise be stamped "cancelled" with the annotation of
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the issuance of a new birth record in its place, and shall be sealed in the civil registry
records. Thereafter, the Local Civil Registrar shall record, register, and issue a new
certificate of birth which shall not bear any notation that it is a new or amended issue.
SECTION 13. Socialized Fees. — The city or municipal SWDO, the Regional
Director, and the O ce of the Local Civil Registrar may charge socialized fees to those
who avail of the administrative adoption proceedings under this Act. Fees shall be
waived if the petitioner is indigent.
SECTION 14. Confidentiality. — All petitions, documents, records, and papers
relating to administrative adoption proceedings in the les of the city or municipal
SWDOs, the DSWD central and eld o ces, or any other agency or institution
participating in such proceedings shall be strictly confidential.
The disclosure of any information shall be allowed only upon the written request
of the adoptee or in the case of a minor adoptee, her or his guardian.
ARTICLE V
Effects of Administrative Adoption
SECTION 15. Legitimacy. — The adoptee shall be considered the legitimate
daughter or son of the adopter for all intents and purposes and as such is entitled to all
the rights and obligations provided by law to legitimate daughters or sons born to them
without discrimination of any kind. To this end, the adoptee is entitled to love, guidance,
and support in keeping with the means of the family.
SECTION 16. Parental Authority. — Except where a biological parent is the
spouse of the adopter, all legal ties between the biological parents and the adoptee
shall be severed and the same shall then be vested in the adopter.
SECTION 17. Succession. — In legal and intestate succession, the adopter
and the adoptee shall have reciprocal rights of succession without distinction from
legitimate liation. However, if the adoptee and her or his biological parents left a will,
the law on testamentary succession shall govern.
ARTICLE VI
Rescission of Administrative Adoption
SECTION 18. Grounds for Rescission. — Upon petition of the adoptee, with
the assistance of the city or municipal SWDO or the DSWD if a minor or if over eighteen
(18) years of age but is incapacitated, the adoption may be rescinded on any of the
following grounds committed by the adopter:
(a) Repeated physical or verbal maltreatment by the adopter;
(b) Attempt on the life of the adoptee;
(c) Sexual assault or violence;
(d) Abandonment and failure to comply with parental obligations; or
(e) Other acts that are detrimental to the psychological and emotional
development of the adoptee.
Adoption, being in the best interest of the child, shall not be subject to rescission
by the adopter. However, the adopter may disinherit the adoptee for causes provided in
Article 919 of the Civil Code.
SECTION 19. Rescission of Administrative Adoption. — The process for
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administrative adoption as provided under Section 10 of this Act shall apply to the
rescission of administrative adoption: Provided, That the concerned SWDO, Regional
Director, and the Secretary shall act immediately on the petition for rescission bearing
in mind the best interest of the child.
The Secretary shall furnish a copy of the order of rescission to the concerned
DSWD Regional O ce, which shall in turn provide copies to the petitioner, the
concerned agencies and the concerned local civil registrar. Thereafter, the concerned
local civil registrar shall cancel the new certi cate of birth of the adoptee, and restore
the adoptee's recti ed birth certi cate bearing the name/s of the biological parents, or
the foundling certificate, as the case may be.
SECTION 20. Effects of Rescission. — If the petition for rescission of
administrative adoption is granted by the Secretary, the parental authority of the
adoptee's biological parents, if known, shall be restored if the adoptee is still a minor or
incapacitated. The reciprocal rights and obligations of the adopter and the adoptee to
each other shall be extinguished.
Successional rights shall revert to its status prior to adoption, but only as of the
date of judgment of administrative rescission. Vested rights acquired prior to
administrative rescission shall be respected.
All the foregoing effects of rescission of adoption shall be without prejudice to
the penalties imposable under the Revised Penal Code if the criminal acts are proven.
ARTICLE VII
Violations and Penalties
SECTION 21. Violations and Penalties. — The penalty of imprisonment
ranging from six (6) years and one (1) day to twelve (12) years and/or a ne not less
than Two hundred thousand pesos (P200,000.00) at the discretion of the court shall be
imposed on any person who shall commit any of the following acts:
(a) Obtaining consent for an adoption through coercion, undue in uence,
fraud, improper material inducement, or other similar acts;
(b) Noncompliance with the procedures and safeguards provided by law for
the adoption; or
(c) Subjecting or exposing the child to be adopted to danger, abuse, or
exploitation.
ARTICLE VIII
Final Provisions
SECTION 22. Information Dissemination. — The DSWD, in coordination with
the Department of the Interior and Local Government (DILG), the Department of
Education (DepEd), the Department of Health (DOH), various national leagues of local
government units, the Council for the Welfare of Children (CWC), and the Philippine
Statistics Authority (PSA), shall disseminate to the public information regarding this
Act and its implementation.
SECTION 23. Implementing Rules and Regulations. — The Secretary, after due
consultation with the PSA, the DILG, the Department of Justice (DOJ), and the CWC,
together with representatives from the Association of Local Civil Registrars, child-
caring and child-placing agencies, and child's rights civil society organizations, shall
issue rules and regulations for the effective implementation of this Act within sixty (60)
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days from its effectivity.
SECTION 24. Repealing Clause. — Section 22 of Republic Act No. 8552 is
hereby repealed. All other laws, decrees, letters of instruction, executive issuances,
resolutions, orders or parts thereof which are inconsistent with the provisions of this
Act are hereby repealed, modified, or amended accordingly.
SECTION 25. Separability Clause. — If any provision or part of this Act is
declared unconstitutional or invalid, the remaining parts or provisions not affected shall
remain in full force and effect.
SECTION 26. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.
Approved: February 21, 2019.

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