Birth records rectification

Dear Atty. Maan,

Our aunt informally adopted the newborn son of our household helper. Instead of going through formal adoption proceedings, she opted the child’s birth certificate to be registered with her name appearing as the mother. Now, a relative of the biological mother threatened to sue her for simulated birth and wants to claim the child she cared for 12 years. Can she still adopt the child without legal impediments?

Yoly

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Dear Yoly,

Republic Act 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. The law provides for a simpler and less costly adoption proceeding for children whose birth records were simulated but who have been treated by the prospective adoptive parents as their own child.

It affords an opportunity for these prospective adoptive parents to come forward and correct the birth records of the child under their care without fear of being prosecuted, whether criminally, civilly, or administratively, as the law grants amnesty, provided that they file the necessary application.

By availing of this remedy, the existing parent-child relationship between them may be legalized and fix the status and filiation of a child whose birth was simulated by giving such child all the benefits 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.

Petitioner(s) who simulated a child’s birth record and have consistently considered and treated the child as their own daughter or son may file the appropriate Petition, provided that the child has been under 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 with the Social Welfare and Development Office of the city or municipality where the child resides.

Upon filing, the appropriate social worker shall conduct a case study and evaluate whether the petition complies with the requirements of the law, particularly that the simulation of birth was made for the best interest of the child and without intent to defraud. Thereafter, the petition shall be endorsed to the National Authority for Child Care for appropriate action. Once granted, an Order of Adoption shall be issued, and the civil registry shall be directed to annotate and/or correct the child’s birth record accordingly. As a result, the adoptive parent shall acquire full parental authority over the child, and the child shall be deemed for all legal intents and purposes as the legitimate child of the adopter.

Hope this helps.

Atty. Mary Antonnette Baudi