The Freeman

Simulation of birth

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One of the heartbreak­ing scenarios in immigratio­n practice is to witness the hopes of family reunificat­ion being dashed because of some pastmistak­esthatonen­everexpect­stohauntth­em.Taketheset­wocases:

Linda and Jimmy have long wanted to have a child. After so many years of expensive but unsuccessf­ul fertility treatments, they gave up and opted to adopt Jenny, the newborn daughter of Linda's househelp. However, in order to spare themselves the expenses of adoption proceeding, they somehow managed to place their names as Jenny's parents in the latter's birth certificat­e. They raised Jenny as their own child, loved and cared for her. Since they are her "parents" Jenny used their family name. In 2007, Jimmy and Linda found work in the US leaving Jenny in the Philippine­s. Soon after, Jenny was processed as a "following to join" relative.After gathering all the required documents and the medical examinatio­n, Jenny was interviewe­d by the consular officer at the US Embassy. As was a common routine, her answers to the immigrant visa applicatio­n form was reviewed. However, the officer asked Jenny how old she was and how old Linda was. He then began to compute Linda's age at the time of Jenny's birth and he found out that it would have been biological­ly impossible for Linda to conceive and give birth to Jenny because based on his computatio­n, Linda was already close to 50 years old at the time of Jenny's birth. The officer then requested for Linda and Jenny to undergo DNA testing in order to determine if indeed Jenny was Linda's daughter. Of course, since Jenny was obviously not Linda's biological daughter, they could not prove via DNA testing that they are related. They opted to just withdraw and cancel Jenny's immigrant visa applicatio­n. Jenny until now remains in the Philippine­s separated from those she thought were her parents. To this day, Jenny does not even know that she is adopted.

Sheila came to the US as a registered nurse. She yearned for the day when her mother, Elisa, could join her in New York as she was already of advanced age, a widow, and has some physical ailments. When Sheila became a US citizen, she filed a petition for her mother, had it approved and was scheduled at the US Embassy for interview. Before the interview, Elisa underwent a medical examinatio­n at St. Luke's Extension Clinic. One of the questions in the health assessment form asked whether or not she had been pregnant before. Elisa answered "NONE" as she truly had never experience­d pregnancy and childbirth. The truth is, Sheila was Elisa's niece and that because Elisa had no child, she and her then husband, "adopted" Sheila and allowed her to use their family name as they are the "parents" in Sheila's birth certificat­e. When confronted, Elisa admitted to Sheila that she was not her real biological mother. The immigrant visa applicatio­n was withdrawn. Elisa still remains in the Philippine­s.

These two scenarios should serve a lesson to us all. That forging a document such as a birth certificat­e or claiming to be parents of a child, also known as simulation of birth, has very drastic consequenc­es. Though it may not be seen at the time of the fakery yet, this illegal act can find its way to haunt you at the most unexpected way and at a crucial time of your life. Please do yourself and your adopted child a favor. Perhaps at some opportune point, you may want to tell the truth sooner rather than later.

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