President Duterte has signed into law Republic Act No. 11222 or the Simulated Birth Rectification Act which simplifies the adoption process.
The measure, signed by the President on Feb. 21, allows prospective parents not to undergo the lengthy judicial process in the adoption of a child, which usually takes more than six months to complete.
The law grants amnesty and allows the rectification of the simulated birth of a child where simulation was made for the best interest of the child, and that such child has been consistently considered and treated by the person.
“Birth simulation” 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 the child’s biological mother.
The law is the consolidated version of Senate Bill No. 2081 and House Bill No. 5675.
The measure fixes the status and filiation of a child with simulated birth by giving that child all the benefits of adoptions, and ensuring that the child is entitled to all rights provided by law to legally adopted kids.
To fasttrack the adoption process, those who simulated the birth record of a child should be exempt from criminal, civil, and administrative liability, provided that the application to rectify a simulated birth record should be filed within 10 years from the effectivity of the measure.
Instead of going through the courts, those who will file a petition, which should be in the form of an affidavit, may do so through the Social Welfare and Development Office of the city or municipality where the child resides. The Secretary of the Department of Social Welfare and Development shall decide on the petition within 30 days from receipt of the recommendation of the department’s regional director.
After all requirements for administrative adoption have been met, the child shall be considered the legitimate child of a person and as such is entitled to all rights and obligations provided by law to legitimate children born to them. (Argyll Geducos)