Civil, Property, Family Laws

Administrative Adoption Procedure under Republic Act No. 11222

The Simulated Birth Rectification Act or RA No. 11222 grants criminal and administrative amnesty to persons, and those who cooperated with them, who made it appear in the birth certificate of their adopted children that they are their biological parents. The grant of amnesty is subject to the following conditions:

  1. that the simulation of birth was for the best interest of the child, and the child has been consistently considered and treated as the grantee/sā€™ own; and
  2. that a petition for adoption with an application for rectification of the simulated birth shall be applied for within 10 years from the date of effectivity of the law on March 29, 2019.

Those who meet the above-stated conditions may avail of administrative proceedings for the adoption and rectification of the simulated birth record if the following conditions are also present:

  1. that the child has been living with the person/s qualified to avail of the amnesty for at least three (3) years before March 29, 2019; and
  2. that a certificate declaring the child legally available for adoption (CDCLAA) is issued by the DSWD in favor of the child.

If the adopters are qualified under the law and the necessary consent, if applicable, has been secured, the adopter may proceed with the administrative adoption by filing a petition for adoption with an application for rectification of simulated birth record. The Petition shall state the circumstances surrounding the simulation of the birth, and with supporting documents identified in RA No. 11222. Below is a flow chart on the administrative proceedings. It must be noted that the Petition, documents, records and papers relating to the proceedings are strictly confidential.

To read the entire RA No. 11222, click here.

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