Most Frequently Asked Questions
RA 11222 (THE SIMULATED BIRTH CERTIFICATION ACT)
1. If in the simulated birth certificate, the indicated birthmother is the real or biological mother while the indicated father is in fact not the biological father but the latter wanted to adopt the child under RA 11222, is this possible?
- The case is EXCLUDED in the coverage because, the situation does not fall under “simulation of birth” as defined in the Act. The remedy of the father is to adopt the child through a judicial proceedings.
2. How about foreigners, are they allowed to adopt under the Act?
- Yes, but only those who are married to Filipino citizen who simulated the birth of a child, provided they are qualified in terms of personal qualifications, they consistently treated and consider the child as his/her own, have resided in the Philippines for three (3) continuous years prior to the filing of petition until the issuance of the Order of Adoption, has legal capacity to adopt and his/her country will allow the child to enter as his/her adopted child.
3. Can a person who simulated the birth of a child, apply for AMNESTY only but will not adopt the child?
- No, under the Act amnesty is given as one of the “benefits” of legalizing the placement of the child through administrative adoption.
4. The adoption under RA 11222 is already administrative, does this mean that the services of a lawyer is no longer needed in filing the petition?
- Yes, the prospective adoptive parent could file the petition himself in the Social Welfare Devt. Office (LGU) where the child resides.
5. In the case of a person with simulated birth certificate, why is there a need for him to be adopted while the birth certificate already states that he/she is a legitimate child of his/her parents?
- While the birth certificate of a person is a prima facie evidence of his/her legitimate filiation to the purported parents, the ultimate issue in case there is simulation of birth is not the legitimacy of the child BUT the fact that the child is NOT a child at all of the purported parents. This is the reason why the child/person has to be adopted, to make him or her a legitimate child. There has been a lot of cases decided by the Supreme Court involving the same facts/issue.