Republic Act 11222: The Simulated Birth Rectification Act

Simulation of Birth Record refers to the tampering of the civil registry record 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.

The RA 11222 was signed into law by then President Rodrigo Roa Duterte on February 21, 2019. It was published in the Official Gazette on March 14, 2019 and took effect on March 29, 2019.

The main purpose of the law is to fix the status and filiation of a child whose birth record was simulated prior to the effectivity of the law and who has been with the known parents for at least three years before the effectivity of the Act.

The law exempt from criminal, civil and administrative liability those who simulated a child's birth record prior to the effectivity of the Act, provided a petition for Administrative Adoption with application for Rectification is filed.

The law aims to encourage those who, in the best interest of a child, resorted to simulation of birth, to come without threat of prosecution and to provide a process by which they may not only rectify the simulated birth record but also legally adopt the child through a simplified administrative adoption process. There will only be a ten-year period from the effectivity of this act to rectify simulated birth records occurring prior to the enactment of the law. (2019 - 2029)

Coverage:

a. Administrative adoption of a non-relative child;

b. Administrative adoption of a relative child (within the 4th degree of consanguinity or affinity waived the CDCLAA requirement);

c. Administrative adoption of an adult, who has been consistently considered and treated as daughter or son since birth or minority.

Exclusions:

1. Rectification or correction of entries;

2. Administrative adoption by the relatives of the deceased person(s) who simulated the birth of a child or an adult adoptee;

3. Administrative adoption by person(s) other than the parent(s) named in the simulated birth certificate;

4. Administrative adoption of a child by the purported father only, when the mother named in the birth certificate is the biological mother of such child;

5. Administrative adoption of a child or person who has a registered original Certificate of Live Birth or Certificate of Foundling.

The Petition together with complete supporting documents shall be filed by the petitioners with the Local Social Welfare and Development Office of the city or municipality where the child currently resides, regardless of the place where the simulated birth record was registered.

RA No. 11222 - The Simulated Birth Rectification Act Implementing Rules and Regulations