On March 14, 2019, President Rodrigo R. Duterte signed Republic Act No. 11222 (R.A. 11222), otherwise known as “An Act Allowing The Rectification Of Simulated Birth Records And Prescribing Administrative Adoption Proceedings For The Purpose”. The principal author of the bill was Senator Grace Poe.
R.A. 11222 or The Simulated Birth Rectification Act was enacted with the following objectives:
To grant amnesty and allow the rectification of the simulated birth of a child where the simulation was made for the best interest of the child, and that such child has been consistently considered and treated by the person or persons who simulated such birth as her, his, or their own daughter or son;
To 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;
To exempt from criminal, civil, and administrative liability those who simulated the birth record of a child prior to the effectivity of this Act;
To provide for and allow a simpler and less costly administrative adoption proceeding where the child has been living with the person or persons who simulated her or his birth record for at least three (3) years before the effectivity of this Act; and
To educate and inform the public about the rectification of simulated births, and to encourage people to avail of the benefits of this Act.
It may be recalled that Republic Act 8552, also known as the Domestic Adoption Act, “penalizes any person who shall cause the fictitious registration of the birth of a child under the name(s) of a person(s) who is not his/her biological parent(s).” This is not the case anymore.
Under the new law Republic Act 11222, ‘a person or persons who, prior to the effectivity of this Act, simulate 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’ under the following conditions:
- The simulation of birth was made for the best interest of the child and the child has been consistently considered and treated by such person as his, her or their own child;
- Such person or persons has/have filed a petition for adoption with an application for the rectification of the simulated birth record within ten years from the effectivity of the new law;
- The law also applies to adult adoptee.
RA 11222 also allows administrative adoption and rectification provided the conditions above are present and provided that the child concerned has been living with the person or persons who simulated the birth for at least three years before the effectivity of Republic Act No. 11222.
You can view or download the full text of the R.A. 11222 The Simulated Birth Rectification Act in the links below.
https://www.officialgazette.gov.ph/2019/02/22/republic-act-no-11228/
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R.A. 11228: Mandatory Philhealth Coverage For All Persons With Disability (PWDs) Signed Into Law Feb. 22, 2019 (Full Text)
R.A. 11210: The Expanded Maternity Leave Law – Signed Into Law By Pres. Duterte, Feb. 20, 2019 (Full Text)
R.A. 11223: The Universal Health Care Act – Signed Into Law By Duterte, Feb. 20, 2019 (Full Text)
