1. Rectification of Simulated Birth Record (RA 11222)

Limitation on Voluntarily Committed Children:

General rule: In case of a child who is voluntarily committed, the physical transfer of said child shall be made not earlier than 6 months from the date the Deed of Voluntary Commitment was executed by the child’s biological parent/s.

Exception: It does not apply to adoption by a relative or children with special medical conditions.

NOTE: There are differences between domestic administrative adoption under R.A. No. 11642 and adoption proceedings before a foreign court in:

• Definition of a child
• Procedure (where to file, what petition may include, publication requirements, supervised trial custody)
• Qualifications of adopter
• Who may be adopted
• Authority that issues the adoption order in domestic administrative adoption under R.A. No. 11642 (National Authority for Child Care) vs. the court that issues an adoption decree in proceedings before a foreign court

Simulated Birth Rectification Act – [R.A. No. 11222](/0a2ab07363944612a0f8b80132650f65?pvs=25)

Republic Act No. 11222, also known as the "Simulated Birth Rectification Act," aims to address and correct the status of children whose births were simulated by providing a streamlined administrative process for rectification. Here are the salient features of R.A. No. 11222:

Objectives:

• Rectification of Simulated Birth Records: The Act provides a process to correct simulated birth records, making it possible to legalize the status and ensure the welfare of children affected by such practices.
• Promoting Welfare and Best Interests of the Child: The law seeks to ensure that children grow up in a family environment, safeguarding their rights and providing them with opportunities for a better future.

Key Provisions:

• Definition of Birth Simulation: Birth simulation is defined as the tampering of the civil registry to make it appear that a child was born to a person who is not the child’s biological mother, causing the child to lose their true identity and status.
• Administrative Adoption Proceedings: The law establishes a simplified administrative adoption process for children whose births were simulated, provided that the simulation was done for the best interests of the child and that the child has been consistently considered and treated by the person/s as their own.
• Eligibility for Rectification:
• The simulation of birth must have been made in good faith.
• The child must have been in the petitioner’s care and custody for at least three years before the effectivity of the Act.
• The person/s who simulated the birth must file a petition for adoption within ten years from the effectivity of the Act.
• No Criminal Liability: The law exempts the persons who simulated the birth from criminal, civil, and administrative liability if they comply with the requirements and procedures set forth in the Act.
• Petition for Rectification: The petition for administrative adoption and rectification of the simulated birth record must be filed with the Social Welfare and Development Office of the city or municipality where the child resides, subject to the administrative arrangements under R.A. No. 11642. The petition should include all necessary documents and proof of compliance with the conditions set by the law.
• Inter-Agency Coordination: The Department of Social Welfare and Development (DSWD), in coordination with other relevant agencies, is tasked with implementing the provisions of the Act, providing guidelines, and assisting in the administrative adoption process.
• Safeguards and Penalties: Safeguards are established to ensure that the process is not abused and that the best interests of the child are upheld. There are penalties for fraudulent claims or misrepresentation during the rectification process.