The differences between the existing adoption laws and RA 11222 or the Simulated Birth Rectification Act were clarified by DSWD in a recent consultation dialogue.
Existing adoption laws under the Domestic Adoption Act (RA 8552) and RA 9523 (An Act Requiring Certification of the DSWD to Declare A Child Legally Available for Adoption as Prerequisite for Adoption Proceedings) involve a socio-legal process and the finalization of the adoption is in court. RA 11222 on the other hand is purely administrative in nature.
Under RA 8552 and RA 9523, the Department of Social Welfare and Development only cover abandoned, neglected, surrendered children through the issuance of a Certification Declaring a Child Legally Available for Adoption (CDCLAA). In RA 11222, the DSWD also caters to adult adoptees and relatives within the 4th degree of consanguinity or affinity provided that the birth certificate of the adoptee is simulated.
Main difference between existing adoption laws and RA 11222
If the birth certificate is simulated under RA 8552 and RA 11222, it is required that the said birth certificate should be cancelled first before the CDCLAA is issued then proceed to Adoption.
In RA 11222, the cancellation of the simulated birth certificate will happen after the issuance of the Order of Adoption by the Secretary of DSWD.
In existing adoption laws, there is a matching process between the child and prospective adoptive parents while in RA 11222, there is no matching process involved because the child has been living with the prospective adoptive parents for at least three years.
In RA 8552 and RA 9523, in cases of simulated birth certificate, the court decree usually has two directives: to cancel the simulated birth certificate and issue an amended birth certificate by virtue of the adoption. If the adoption is rescinded, the simulated birth certificate will be revived.
Steps involved in RA 11222
In RA 11222, the order of adoption will involve the following:
- Cancellation of the simulated birth certificate;
- Issuance of Rectified Birth, using the true facts of birth of the child;
- Issuance of a new/amended birth certificate if the adoption is rescinded, the rectified birth certificate will be revived and not the simulated one.
The Order of Adoption is a registrable civil registry document.
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