Parties in simulated birth given chance to rectify birth record in new law

PRESIDENT Duterte has signed into law the Simulated Birth Rectification Act which simplifies the legal adoption process of a child by allowing simulated births through a simpler administrative proceeding.

Malacañang has yet to release a copy of the newly signed law.

However, the Presidential Legislative Liaison Office said Republic Act 11222 was signed by the President on February 21.

According to the measure, “birth simulation” refers to 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.

Under the reconciled version of the bill, persons who previously simulated the birth of the child will not be criminally liable for it if the simulation was done for the best interest of the child and the child had been consistently treated by the supposed parents as their own son or daughter.

To fast-track the adoption process, those who simulated the birth record of a child should be exempt from criminal, civil and administrative liability provided that the application to rectify a simulated birth record should be filed within 10 years from the effectivity of the measure.

For simpler and less expensive adoption and rectification proceedings, the law also allows for administrative adoption proceedings if the child has been living with the supposed parents for at least three years and the Department of Social Welfare and Development declares the child legally available for adoption.

Instead of going through the courts, those who will file a petition may do so through the social welfare and development officer of the city or municipality where the child resides.