Simulated Birth Rectification Act
Simulated Birth Rectification Act
Simulated Birth Rectification Act
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