Name registration

Dear Atty. Kathy,

Twelve years ago, we had a neighbor, N, who gave birth and left her newborn baby in our house. N, a known troublemaker, gave her baby to my son and his spouse, and told them to take care of her baby because she is leaving our neighborhood for good. My son asked N if they could register the baby under their name, since they still have no child despite being married for a long time. N said that was okay with her and even said thank you to my son because they will treat her baby as their own child. I am worried that someone will file a case for falsification of birth records against my son, even if they have been living with the child and taking care of the child as their own for the last 12 years here in the same house where N left the baby. Is there anything that my son can do to correct this, even if it happened a long time ago?

Arbor

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Dear Arbor,

Your son can still have the birth record corrected, subject to the requirements of Republic Act 11222 — An Act Allowing the Rectification of Simulated Birth Records and Prescribing Administrative Adoption Proceedings for the Purpose (RA 11222).

Section 4 of RA 11222 provides that 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.

To be covered by this provision, such person or persons must have filed a petition for adoption with an application for the rectification of the simulated birth record within 10 years from the effectivity of this Act.

Further, a person or persons who simulated the birth of a child under the conditions provided under Section 4 of RA 11222 may avail of administrative proceedings for the adoption and rectification of the simulated birth record of such child, provided that the child has been living with the person or persons for at least three years before the effectivity of this Act, and that a certificate declaring the child legally available for adoption is issued by the Department of Social Welfare and Development in favor of such child.

In this connection, Section 6 of RA 11222 provides that all petitions, documents, records, and papers relating to adoption and rectification 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.

Based solely on your narration, the simulation of birth happened 12 years ago, sometime in 2014, and that since then, your son and his wife have been living with the child and taking care of the child as their own for the last 12 years.

Thus, subject to the completion of additional requirements for administrative adoption, it appears that your son and his wife can file a petition for adoption with an application for the rectification of the simulated birth record since they satisfy the requirement of living with the child for at least three years before the effectivity of this Act in 2019, but that they can file said petition 10 years from the effectivity of RA 11222 on 29 March 2019, or until 28 March 2029 only.

Atty. Kathy Larios