House approves on final reading bill that would rectify simulated births

The House of Representatives has approved on third and final reading a bill that would rectify simulated births or the tampering of civil registry for parents to claim a child not theirs.

House Bill (HB) 5675 authorizes the rectification of simulated birth records and enable parents to legally adopt the child through administrative proceeding, but only if it is proven that it is for the best interest of the involved child.

Former President and now Pampanga Representative Gloria Macapagal-Arroyo is one of the principal authors of the bill that was supported by the Department of Social Welfare and Development (DSWD) which she used to head.

Other authors include Representatives Xavier Jesus Romualdo of PDPLaban, Camiguin and Rene Relampagos of LP, Bohol.

HB 5675 defines the simulation of birth as “the tampering of the civil registry to make it appear in the record of birth that a child was born to a person who is not the child’s biological mother, causing such child to lose his or her true identity and status.”

The bill proposes to remove criminal liability on any person who simulated the birth of child as long as the said action was made for the best interest of the child and that the child has been consistently considered and treated by the person as one’s son or daughter.

HB 5676 grants the said person 10 years from the effectivity of the proposed law to file a petition for adoption with an application for rectification of simulated birth record provided the child has been living with the person for at least three years.

Authors said a child legally available for adoption (CDCLAA) certificate must be issued by the DSWD before a petition may be filed except when the adoptee is already of age.

Consent of the biological parents of the adoptee is required if the child to be adopted is 10 years old and if the parents are available.

In case the DSWD Secretary decides that adoption is for the best interest of the child, an Order of Adoption will then be issued. The same becomes executory even when the petitioner dies before its issuance.

The bill also mandates that all petitions and supporting documents be treated as confidential.

The adoptee under the proposed law shall be considered the legitimate son or daughter of the adopter for all intents and purposes and is entitled to all the rights and obligations provided by law without discrimination of any kind.