REPUBLIC ACT 11222 “Simulated Birth Rectification Act”
I. Program Overview
Republic Act No. 11222 entitled, “An Act Allowing the Rectification of Simulated Birth Records and Prescribing Administrative Adoption Proceedings for the Purpose”, was signed into law on 21 February 2019 and took effect on 29 March 2019, fifteen (15) days from its publication in the Official Gazette. The Implementing Rules and Regulation (IRR) was promulgated to prescribe the procedures and guidelines for the implementation of the Simulated Birth Rectification Act in order to achieve the objectives thereof and was approved on 7 October 2019.
The law provides for a simpler and less costly adoption proceeding for children whose birth records were simulated but were treated by the prospective adoptive parents as own child. it affords opportunity for these prospective adoptive parents to come out in the open and correct the birth records of the child under their care without fear of being prosecuted either criminally, civilly or administratively as the law grants amnesty, provided they will file the necessary application. By availing of the privilege granted by the law, the existing parent-child relationship between them will be legalized.
Pursuant to Article II, Section 4 of RA 8552 or the “Domestic Adoption Act of 1998”, the Pre-Administrative Adoption Services for prospective adoptive parents shall be required to attend pre-adoption for a and seminars from the Department or licensed Child Placing Agency to ensure that they are informed of the rights of the child and their responsibilities to the child.
The certificate of attendance in the pre-adoption seminar shall be issued by the DSWD or child placing agency as one of the supporting documents in filling by the PAP/s of the petition for administrative adoption with application for rectification of simulated birth record.
Post-Administrative Adoption Services may include counseling, tracing, the roots, reunion and others which shall be made available by the social workers of the Department and the SWDO’s to the adoptee, adopter and the biological parents.
III. Target Beneficiaries
- Coverage/Who may file/Where to file
Petitioner(s) who simulated a child’s birth record, consistently considered and treated said child as his or her or their own daughter or son may file the Petition, provided that the child has been under his or her or their care and custody for at least three (3) years prior to the effectivity of the Act.
The Petition together with complete supporting documents shall be filed by the petitioners with the Social Welfare and Development Office of the City or Municipality where the child resides.
In the Implementation of the Act, those hereinafter enumerated are covered:
- Administrative adoption of a non-relative child;
- Administrative adoption of a relative child within the fourth (4th) degree of affinity and consanguinity;
- Administrative adoption of an adult, who is consistently considered and treated as daughter or son since birth or minority;
- Administrative adoption where the Petition for Cancellation of Simulated Birth Certificate or Petition for Adoption with Cancellation of Simulated Birth Certificate is pending in court in accordance with Section 38 of RA 11222; or
- Other analogous circumstances as may be determined by the Secretary;
Provided that the child subject of the petition has been living with or under the custody of the prospective adoptive parents (PAPs) for at least three (3) years and they have simulated the birth record of said child prior to the effectivity of the Act. Provided further, that the petition for Administrative Adoption with Application for Rectification of Simulated Birth Record is filed within the prescribed period.
Excluded in the coverage of RA 11222 are circumstances not limited to the following:
- Rectification or Correction of entries to reflect the name of the biological parent/s in the birth certificate;
- Administrative adoption by the relatives of the deceased person who simulated the birth of a child or person;
- Administrative adoption by person other than the parent named in the simulated birth certificate; or
- Administrative adoption of a child by the purported father only; when the mother named in the birth certificate is the biological mother of such child
IV. Documentary Requirements
The Petition shall be supported by the following attachments:
- Authenticated copy of the simulated birth record of the child and authenticated copy of the birth record of the adopters;
- Affidavit of Admission, if the simulation of the birth was done by a third person;
- Certification issued and signed by the Punong Barangay;
- Notarized Affidavits of at least two (2) disinterested persons
- Original Copy of CDCLAA issued by the DSWD, except if adult or relative within 4th degree of consanguinity or affinity
- Oldest and recent photographs of the prospective adoptee and the petitioner(s) taken within the last three (3) months prior to the filling of the petition
- Certificate of Attendance by the Petitioner(s) in Pre-Adoption For a and Seminar
- As applicable, Marriage Contract, Decree of Annulment, Declaration of Nullity of Marriage or Decree of Legal Separation
- Latest Physical and Medical Evaluation of the adopters by a duly licensed physician
- When appropriate, psychological evaluation of the adopters by a duly licensed psychologist
- Latest NBI/Police Clearance
- Latest income tax return or any other documents showing financial capability
- Authenticated copy of the Negative Certification of Birth, to serve as basis in the late registration and issuance of rectified birth record
- Certified True Copy of the receipts as proof of payment of the socialized fees in SWDO and/or DSWD Field Office. This requirement is on a case to case basis and if the petitioners is/are assessed by the social worker as not indigent
- Consent from appropriate person or persons as indicated in Section 8 Article III of RA 11222.
Additional Requirements for Adopters must:
- Be Filipino Citizen
- Be of legal age
- Possess full civil capacity and legal rights
- Be of good moral character
- Have not been convicted of any crime involving moral turpitude
- Be emotionally and psychologically capable of caring for children and
- Be in a position to support, educate and care for his or her children and the child to be adopted in keeping with the means of the family.
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 filling of the petition for adoption and application for rectification of simulated birth record.
V. Contact Person/s
HELEN O. NERONA
Social Welfare Officer V/Chief, Statutory Programs Division
(072) 687- 8000 loc. 219
Telefax: (072) 888-2184
FE G. SARMIENTO
Social Welfare Officer WO IV / Concurrent Head, Adoption Resource and Referral Unit (ARRU)
(072) 687-8000 loc. 212
Telefax: (072) 888-2505/888-2184
Republic Act 11222 otherwise known as “Simulated Birth Rectification Act”.
Implementing Rules and Regulation (IRR) of RA 11222 Approved on 7 October 2019
DSWD Memorandum Circular No. 16 Series of 2020