Right after college, two of my friends adopted children from the orphanage that we used to visit when we were finishing our thesis for social work. Although we were in our 20s, both of them still did not have jobs at the time they applied for the children’s adoption. This became a deterrent to the adoption process, with one of my friends resorting to just having her parents adopt the child for her. Just the same, it took them all of 3 years before they were finally able to bring home the children and make them part of their families. Both adopted children are grown up now; one is a flight attendant for an international airline, the other is a successful restaurant chain owner and operator.
I was personally pleased with the news that the President signed and made into law the bill that shall simplify the adoption process in our country. Other than that, the parents of adopted children who resorted to tampering the birth certificates of the children they adopted (for various reasons but in my opinion, people do this because of the lengthy and costly process involved in legally adopting a child), will now be given amnesty by the government. Good news, right?
In my excitement, I did research on the details of this brand new law and am now sharing the important details I was able to gather:
Republic Act 11222 or the Simulated Birth Rectification Act
- The new law absolves of any crime adoptive parents who changed the birth record of their adopted child (to make it appear that they are the child’s biological parents).
- A system shall be laid out for them to correct the birth record and legally adopt the child.
- The amnesty shall be applied to adoptive parents who changed the child’s birth records “for the best interest of the child”. There must be proof that the child was consistently considered and treated as part of the family.
- All the benefits of adoption shall be provided to the child, including his status and filiations.
- The administrative proceedings in legalizing the adoption of a child shall be applied only if the child has been living with the adoptive parent/s for at least three years after the effectivity of the law.
Requirements when adopting a child under the RA 11222:
- The DSWD must have issued a certificate declaring the child legally available for adoption.
- Adopter must be a Filipino citizen, of legal age, possess the full civil capacity and legal rights, of good moral character, and have not been convicted of any crime involving moral turpitude.
- He or she must emotionally, psychologically capable of caring for the child.
- Must be in a position to support and care for the child in keeping with the means of the family.
- The following must likewise execute a written consent as part of the adoption process:
- From the adoptee, if he or she is at least 10 years old;
- From the legitimate and adopted children of the adopter and adoptee who are at least 10 years old;
- From the illegitimate children of the adopter if living with the adopter and the latter’s spouse who are at least 10 years old;
- And from the spouse of the adoptee.
Whichever are applicable to the case.
Documentary requirements for Administrative Adoption:
- Petition for adoption with an application for rectification of the birth record.
- Copies of simulated birth or foundling certificate.
How is the falsified birth record rectified?
When all documentary requirements have been submitted, the parties must check if an order of adoption has been issued by the DSWD secretary. Upon receipt of the order, the simulated birth record will be canceled and a rectified birth record will be issued. This document shall now have the names of the biological parents of the adopted child as well as a copy of the foundling certificate.
This shall now be considered as legal adoption documents and the adopted child shall now be treated as a legitimate child of the adopter. He or she shall be entitled to all the rights and obligations required by law to legitimate children.
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