2019 How to Correct Simulated Birth

through RA 11222
Have you placed your name on a child’s birth certificate but are not actually the
mother?

Do you now want to correct the birth certificate and adopt the child instead?

If this describes your situation, then you are in luck.

RA 11222 allows you to adopt a child without facing criminal charges.

And the best part is that if you qualify, you may not need to go through court.

Below, I will go through RA 11222 in detail and explain the process, requirements and
possibilities.

“Somehow destiny comes into play. These children end up with you and you end up with them.
It’s something quite magical.” Nicole Kidman on Adoption

What is the benefit of RA 11222?

RA 11222 corrects simulated birth certificates by waiving criminal penalties for people
responsible for simulating the birth certificate and also allowing them to correct the
birth certificate and adopt the child legally without court.

Without RA 11222, people have difficulty correcting simulated birth certificates. They
may be jailed anywhere from 6 years and 1 day to 12 years.

They would also have to go through court to adopt the child if they still want to be
recognized as the child’s parent.

Can I use this RA11222 in my situation?

This law applies only in certain situations:

 Your child has lived with you for at least 3 years before March 29, 2019.
 Your child is below 18 or is above 18 but cannot take care of himself due to a physical or
mental handicap
 You have consistently treated the child as yours and the child’s best interest was why
you placed your name on his birth certificate.
 You have simulated the birth of the child to appear as he or she is your own son or
daughter
  The simulation is for his or her own best interest

If this describes your situation, you can correct the child’s birth certificate and adopt
him without going to court.

Remember though: The child must have lived with you for 3 years before March 29,
2019. If you go through a simulated birth now, RA 11222 will not apply.

What are the requirements to become an adoptive parent?

To make sure that prospective parents would be good parents, the law requires that you
personally possess the following:

 are Filipino of legal age

 have full civil capacity and legal rights
 are of good moral character
 have not been convicted of any crime
 be emotionally and physically capable of caring for a child
 be able to support the child
 if your spouse is a foreigner, he must have lived in the Philippines for at least 3 years
before filing

What are the documents required?

Brace yourself – there are a lot of documents that you need to process this.

It will require time and effort to do this as you will have to go to several places to get
the documents. You will need to go to the government offices one by one. You will need
to physically appear.

If you are abroad, you will need someone to do the work for you.

It cannot be done online.

Consent Documents

 Consent of the adoptee or the child to be adopted, if he is over 10

 Consent of the spouse of the adoptee, if applicable
 Consent of the legitimate and adopted children of the adoptive parents, if they are over
10
 Consent of the illegitimate children of the adoptive parents, if they are over 10 if they
live with the adoptive parents
Other Documents

 Copy of Simulated Birth or Foundling Certificate

 Affidavit of Admission if the Simulated Birth was done by a 3rd person
 Certificate from the Punong Barangay stating that the petitioners are residents of the
barangay and that the child has lived with them for 3 years before March 29, 2019.
 Affidavits of 2 disinterested persons in the barangay stating that the child has lived with
the petitioners for 3 years.
 Certificate Declaring a Child Legally Available for Adoption (CDCLAA) from the
DSWD if the adoptee is below 18 or is not a relative within the 4 th degree of
consanguinity.
 Photographs of the child and the petitioner taken 3 months before filing.

What is the RA 11222 process like?

If you have managed to successfully gather all the documents, you’ve accomplished a
lot!

Gathering documents is where most people stumble.

It takes a lot of energy and effort.

It can be tedious but put in the effort and follow the rules.

It will mean that the adoption is processed without delay.

Below is summary of the process.

What are the effects of adoption?

When the process has been completed, you’ll have an Order of Adoption.

This will mean that you are now the lawful parent of the adoptee.

You will have all the legal rights of a parent.

You’ll be able to travel with the child, obtain a visa, immigrate with the child while at
the same time making it clear you are an adoptive parent.

This is especially important when the country involved requires you a DNA test be
submitted to prove your relationship.

In addition, this protects the child’s rights to an inheritance from you. Other heirs who
are aware of the simulated birth may one day challenge the child’s rights to inheritance
and property. Rectifying the situation can change that.
The simplest change is to the birth certificate:

 The simulated birth certificate is cancelled.

 The rectified birth of the child or a certificate of foundling will be issued.
 A new birth certificate is issued with the adopter as the parent of the adoptee.

How long is the RA 11222 adoption process?

The law states that the entire adoption through RA 11222 should take 70 days from the
day of filing.

Note however – this is what the RA 11222 law estimates as the timeline.

This will likely vary.

Each DSWD office handles a large load and this can cause delays. It will really depend
on the actual load of the local DSWD and how aggressive they are in closing these types
of cases.

Can the RA 11222 adoption be cancelled?

Yes, the adoption can be cancelled by the child (the adoptee).

The grounds are:

 Repeated physical or verbal maltreatment by the adopter,

 Attempt on the life of the adoptee,
 Sexual assault or violence,
 Abandonment and failure to comply with parental obligations,
 Other acts that are detrimental to the psychological and emotional development of the
adoptee.

Just a note – the adoptive parent cannot cancel the adoption.

If they wish to end the adoptive child’s inheritance rights, the adoptive parent can
instead disinherit the child.

How is the adoption cancelled?

The process of cancellation of the adoption is similar to adopting administratively.

1. You need to go to the Social Welfare and Development Officer (SWDO). He will make a
recommendation.
 2. The recommendation will pass to the Regional Director.
3. The recommendation will then go to the Secretary who will decide the petition and issue
a cancellation.

The main difference is that the officers should act immediately.

What are the effects of cancellation of the adoption?

A cancelled adoption undoes the effect stated above.

 First, the birth certificate will change. The Local Civil Registrar will cancel the new birth
certificate with the adoption and restore the former birth certificate or foundling
certificate of the adoptee with the corrected information.
 The biological parents will have parental rights over the child if the adoptee is still a
minor.
 The reciprocal rights over the adopter and the adoptee to each other shall be
extinguished.
 Inheritance rights shall also be extinguished and will return to its status prior the
adoption.

Are there violations that can be committed under RA 11222?

Yes, there are violations that can be committed to prevent abuse of RA 11222.

The violations are:

 Obtaining consent for adoption through coercion.

 Not complying with the legal procedures and safeguards in adoption.
 Subjecting or exposing the child to be adopted to danger, abuse or exploitation.

The penalties are:

 Imprisonment from six (6) years and one (1) day to twelve (12) years and/or
 Fines not less than Two hundred thousand (Php 200,000) at the discretion of the court

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/s’ 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.
The difference between existing adoption
laws and RA 11222 – The Simulated Birth
Rectification Act

Matahum Santos 5 months ago in Philippine Laws 0

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The differences between the existing adoption laws and RA 11222 or the Simulated Birth
Rectification Act were clarified by DSWD in a recent consultation dialogue.

Existing adoption laws under the Domestic Adoption Act (RA 8552) and RA 9523 (An Act
Requiring Certification of the DSWD to Declare A Child Legally Available for Adoption as
Prerequisite for  Adoption Proceedings) involve a socio-legal process and the finalization of the
adoption is in court.  RA 11222 on the other hand is purely administrative in nature.

Under RA 8552 and RA 9523, the Department of Social Welfare and Development only cover
abandoned, neglected, surrendered children through the issuance of a Certification Declaring a
Child Legally Available for Adoption (CDCLAA).  In RA  11222, the DSWD also caters to 
adult adoptees and relatives within the 4th degree of consanguinity or affinity provided that the
birth certificate of the adoptee is simulated.

Main difference between existing adoption laws and RA 11222

If the birth certificate is simulated under RA 8552 and RA 11222, it is required that the said birth
certificate should be cancelled first before the CDCLAA is issued then proceed to Adoption. 

In RA 11222, the cancellation of the simulated birth certificate will happen after the issuance of
the Order of Adoption by the Secretary of DSWD.

In existing adoption laws, there is a matching process between the child and prospective adoptive
parents while in RA 11222, there is no matching process involved because the child has been
living with the prospective adoptive parents for at least three years.

In RA 8552 and RA 9523, in cases of simulated birth certificate, the court decree usually has two
directives: to cancel the simulated birth certificate and issue an amended birth certificate by
virtue of the adoption.  If the adoption is rescinded, the simulated birth certificate will be
revived.

Steps involved in RA 11222

In RA 11222, the order of adoption will involve the following:

1. Cancellation of the simulated birth certificate;

2. Issuance of Rectified Birth, using the true facts of birth of the child;
3. Issuance of a new/amended birth certificate if the adoption is rescinded, the rectified birth
certificate will be revived and not the simulated one.

The Order of Adoption is a registrable civil registry document