Q: What are the important provisions of RA 11222 or the “Simulate Birth Rectification Act of 2019”.

Answer:

Simulation of birth record 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 such child’s biological mother, causing the loss of the true identity and status of such child.

Salient Features of the law and its IRR:

  • Granting the amnesty and allow the rectification of the simulated birth of a child to exempt from criminal, civil and administrative liability those who simulated the birth record of a child prior to the effectivity of this act; Provided, that a petition for adoption with an application for the rectification of the simulated birth record is filed within 10 years from the effectivity of the law;
  • Provide for and allow a simpler and less costly administrative adoption proceeding and administrative rectification of the simulated birth record of such child;
  • This law also applies to adult adoptees
  • Foreigners could not avail of the provisions of the law EXCEPT when married to a Filipino and qualified under the law.
  • PAPs who are not the parents named in the simulated BC of the child could not file a Petition for Administrative Adoption under the Act.
  • There is mandatory appearance by the petitioner and the child before the DSWD Regional Director. The purpose is to personally determine the identity of the parties and motivation to adopt before he recommends to the Secretary.
  • There is a transitory provision that allows the petitioner to either withdraw the pending case in court and file it with the Department or continue with the judicial proceedings. 
  • Provision of Pre and Post Adoption Services to the Petitioner, Child and Birthparents, if available.
  • Conduct of Case Study Report by the DSWD Field Office Social Worker.