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
Contents
- What is the benefit of RA 11222?
- Can I use this RA11222 in my situation?
- What are the requirements to become an adoptive parent?
- What are the documents required?
- What is the RA 11222 process like?
- What are the effects of adoption?
- How long is the RA 11222 adoption process?
- Can the RA 11222 adoption be cancelled?
- How is the adoption cancelled?
- What are the effects of cancellation of the adoption?
- Are there violations that can be committed under RA 11222?
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 4th 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.
Hello Atty. I adopted my Son, March 2026 and simluation of Birth ang ginawa ko. Pero gusto ko po sana idaan sa legal process para legal ang pag adopt ko sa kanya at maisama ko siya dito sa Canada. Paano po ang gagawin ko. 2 months Old pa lang po siya at Family ko ang nag aalaga sa kanya. working abroad po ako.
Hello. I would like to ask when the birth was simulated, when the child was actually born, and the child’s current age. The law on simulated birth certificates has strict requirements, and it is necessary to first determine whether you are eligible under this law. If you are not eligible, then you will need to go through the normal administrative adoption process initiated by the National Authority for Child Care (NACC). Since you mentioned that you are residing abroad and planning to migrate with the child, we can assist you with the document processing. We will be sending you an email with further details. Please check your inbox.
Atty, what if the adoptee is already 47 yrs old and the adoptive parents are deceased, can the adoptee still avail of this amnesty?
Hello. RA 11222, known as the Simulated Birth Rectification Act, was enacted to legally address cases where a child’s birth was falsely registered as that of someone who isn’t the biological parent. In your situation, this law no longer applies since both adoptive parents have already passed away.
Hi atty, I adopted my son last March 2022 from my 2nd cousin through Simulated BC, Now I want him to be legally adopted. But I am afraid that I can go to jail. Please help po,
Hi. yes, it is true that you can be criminally liable for simulating birth, but there may be legal remedies that can help reduce or correct the situation, especially if the intent was not malicious.
1. Voluntary admits the simulation with authorities. The courts may take into account the best interest of the child.
2. Pursue Legal Adoption Under RA 11642, you can file for administrative adoption through the National Authority for Child Care (NACC)
3. Execute Affidavit of Rectification to acknowledge the simulation and expressing intent to correct the record through legal means. this can be submitted to the Civil Registry and NACC as part of the adoption process.
4. Seek legal counsel. A lawyer can help assess whether the simulation qualifies for prosecutorial discretion or diversion program.
Hello Atty., per IRR one of the requirements is authenticated copy of Negative Certification of Birth. What if the child was registered by her biological parents under a different name prior to the simulated birth?
If that is the case, the process will focus on rectifying the simulated birth and ensuring the child’s legal status is corrected, rather than proving “no record exist.”
Hi our son has a simulated birth cert at 2016 that makes him qualified for the rectification of simulated birth cert. But the problem is he is already with us in another country and my husband is a foreigner. I read that foreigner husband cannot adopt unless he stayed in the Philippines 3 years prior. We plan to apply for him citizenship to the country where we are now but they asked DNA test paternity which we cannot provide unless he is legally adopted by my foreigner husband. Can I apply 1st as an adoptive parent coz I am the Filipino citizen or to make things lighter for my son’s citizenship application to another country with us, can they consider my husband as adoptive parent too though he never lived PH for 3 years prior the application? My son has autism and I read adopted children with mental challenges are given more consideration for the rectification of simulated birth cert. Hope you can get back to me as my heart is heavy on this and I am very confused and worried. Thank you
In the Philippines, the general rule is that husband ad wife must adopt jointly. The law wants to ensure the child has the legal status of a legitimate child to both parents. However, there is an exception. Since this is a simulated birth, the law treats the child as having no legal parents ye, so joint adoption by you and your husband is typically required. As for the 3-year residency requirement, you can directly ask the National Authority for Child Care with this matter. They will surely assess your the entre process and the necessary requirements needed.
I do have Dual Citizenship (Filipino/ US) and eager to find out if it wont complicate the process for the rectification. Also, hows the process for CDCLAA fr DSWD? And if the third person (hilot) is nowhere to be find to get an afidavit of admission, whats the step I need to take?
Thank you for replies.
Your dual citizenship won’t complicate rectification as long as records are consistent. Seek assistance from NACC for this matter.
The birth certificate of a non-biological adult who is already over 50 years old was registered by a single parent who signed the certificate as the mother and informant as if her own. The said adult is also the SSS beneficiary of the deceased mother being listed as the daughter. However, said parent is already dead when the RA 11222 has been enacted. The status of the adult in the birth certificate is illegitimate. What will become of the adult if maternal relatives would insist of her not being a child of the deceased mother? In case of inheritance claim, can the adult claim the inheritance being the only heir of the deceased? Thank you for your response.
RA 1122 cannot be used here, since the law requires the parent who simulated the birth file the petition. The adult status remains as recorded in the birth certificate unless challenged by the court. As for the inheritance matter, the adult cannot claim as sole heir of the deceased. Relatives may question or challenge the marital bond by filing a petition in court. Until then, she remains legally recognized as the child and heir.
I am planning to avail this one, I have also attended the forum on adoption through virtual but in zapote, muntinglupa, our local DSWD in our place, required us to attend the forum, I have my certificate of attendance on that said forum I attended, but still, I was required to attend the forum, thank you very much
I have already attended the forum on adoption through virtual in zapote, muntinglupa, but our local DSWD still requiring us to attend the forum, can I insist not to attend it? thank you very much
Pre-adoption forum is mandatory. even if you attended forum in another city. Your local DSWD office may still require you to attend their own session. You cannot waive or insist on skipping.
Still, you have to attend the forum if they required you. This is one of the mandatory requirements for adoption.
Do both parents have to live with the child. The mother lives overseas and the child lives with the dad. The mom has lived with the child for 3 years before March 29, 2019.
Also for this requirement:
Photographs of the child and the petitioner taken 3 months before filing.
Do both parents need to be in the photo? The mom visited in Aug 2022.
Thank you,
Shawna
The law does not require both parents to be physical living with the child at the same time. What matters is that the child has been consistently cared for and treated as their own.
What if the simulation of the birth certificate was done in the 1980s? Can it still be rectified? Will the adopted child be able to inherit from his/her adoptive parents?
Yes, it can be rectified. You can avail RA 11222 provided legal requirements are met.
Can we prepare the Consent Documents on our own or should there be someone to assist us? Also, is there a format that should be followed for these documents?
Yes, you may draft them on your own, especially if you already know the required content. But it is recommended to have them reviewed or notarized to ensure they meet legal standards.
Good morning atty. My situation is like this, my child’s birth was simulated by my father. It turns out that my parents are my son’s parents ( my son is my brother). I want to correct my son’s birth certificate. I want us (my husband and I ) to appear as the parents of my son. Are we still going to undergo the process of adoption since we are the real parents of the child?
Yes, adoption is still required. Even if you are the biological parents, the law recognizes only what is written in the civil registry. Since the birth certificate shows your parents as the child’s parents, you are legally not considered the parents until the record is corrected. No need to avail RA 11222, the proper path is RA 11642.
I was adopted since birth po. My birth certificate was simulated. Im already 30 years old. I would like to be legally adopted po sana. Am i still qualified under this law?
Yes, your age will not matter as long as you meet the requirements set by the law. And that is the simulation was done for your best interest. You have been consistently treated as the child of your adoptive parents, and petition for rectification must be filed before March 29, 2029. Take note that, only the adoptive parents who simulated the birth can file, not the child.
May inampon yung lolo ko 86 years old pero tampered yung birth certificate nag file ng late registration pinalabas nila na lolo ko yung tunay na tatay ng bata yung totoong nanay ng bata ay 33 years old na kinakasama ngayon ng lolo ko. nag pagawa ng last will ang lolo ko lahat ng properties nya pag namatay sya mapupunta sa bata may hanol ba ang mga uncles ko pag namatay ang lolo ko
This is very a complicated situation that involves matter to simulation of birth, adoption (if legally adopted), and execution of last will and testament. If the birth certificate was falsified to show your grandfather as the father, that entry is fraudulent. This case cannot be corrected administratively it requires proper petition. Your grandfather has the right to dispose of his properties through a will. However, under the law, compulsory heirs cannot be deprived of their legitime. If your uncles are his legitimate children, they are compulsory heirs. They can contest the will if their share is impaired.
Hello Atty! Good afternoon. The child subject of simulation was born only in 2018, so he only lived with the supposed mother (the one who who simulated) his birth certificate for a period of 1 year, clearly, she is not qualified under RA 11222. Is there any other remedy under the law if she wants to make the birth certificate legal and no longer simulated? Thank you so much attorney.
An adoption could be applied for in any event.
Hello Atty,
How about if thee child was just born Feb 2019, so he’s just a month old before this law came into place.
Please advise.
The law still covers the case, as long as the simulated birth was done before the law enactment.
Good pm po Attorney,
I want my biological child to use my surname so I can petition him to l8ve with me abroad. He is now 20 years old.
When he was born, me and his mother were still single. The parents of the child’s mother did not approve our relationship then. They did not want to bring humiliation to their familym So they misrepresented that they are the biological parents of the my child.
I continuously supported my son until now while he lives with his biological mother.
He then decides to use my surname so I can petition him here in UK. There is no opposition on the part of his biological mother and his grand mother and grand father whose name appears in the Birth Certificate as his parents.
Can I possibly use RA 11122 to do that? Can somebody file the application for me although I’m living abroad?
Awaiting for your advice.
Thank you.
Chito C.
This will require correction of the birth certificate through a court case rather than RA 11122. The case would have to be filed in the city or province where the birth certificate is recorded.
It can be filed while you are abroad, though you may have to come appear in court once during the course of the proceedings.
We have the same situation atty. My dad did the same thing. My parents also misrepresented as our son’s parents because they objected on our relationship before because I was still studying before. Our only difference is that we, the child’s biological parents are living together with the child because my dad already allowed us to get married after we both graduated in college. We are planning to migrate that’s why we want to correct the birth certificate of our child.
You may avail the RA 11222 as long as eligibility are met. This amnesty allows to those who simulated the birth to establish the correct filiation.
Hi Atty.
My mother’s name is indicated in my cousin’s birth certificate as his mother without the knowledge and consent of my mom. (She did not sign any documents for my cousin’s live birth). She wants to remove her name from my cousin’s live birth. What process should she undergo? Does she need to go to RTC or is my cousin’s live birth is invalid and can be changed without going to the court? Hope to hear from you.
Hello. Your cousin’s birth certificate is not automatically invalid. It remains valid until corrected. To remove your mother’s name, she must go through a judicial petition under rule 108 in the RTC. the court order will then direct the civil registrar to amend the record. But this action is not a typical process, this requires legal assistance from a lawyer since you to file it in court.
I have my illegitimate daughter before i got married and she is registered under his biological father surname and he abandoned us when she is 1 year old. In year 2015 i registered her again under the surname of my new husband to protect her from psychological effects of being an illegitimate child and used the civil registrar birth certificate as her school record when she started kinder. Now that she is in grade 6 i requested PSA copy of her birth certificate and tge only result that they will give is the first registration under his biological fathers name and not the one she is using now. We are advised to file for adoption so that she can still use the surname she is using however we need to cancel first the simulated birth certificate for the adoption to take place which needs to be taken to court. I would only like to ask if ever i file a petition for the cancelation of the simulated birth certificate i have filed will i be held criminally liable?
That is correct the legal remedy is legal adoption. Since your daughter’s second registration is considered simulated, it has no legal effect. The PSA will only recognize the first registration, under the biological father’s surname. However, before adoption, the simulated birth certificate must be cancelled by the court.
Hi atty. if the child was born 2017, RA 11222 will not apply?
Under the law, there is a residency requirement where the child must have been living with the adoptive parents for at least 3 years before March 29, 2029, where this law took effect. in your case, the child would be 2 years old, that means, this requirement is not met. Therefore RA 11222 would not apply. In this case, the adoptive parents may pursue regular adoption proceedings under RA 11642.
Is it possible to dissolve the simulated birth certificate due to personal circumstances? e.g family feud. Thank you.
This can be done, but not with personal circumstances. Philippine law requires a formal legal process to cancel the simulated birth record.
Can the adoptive child process the application re: birth simulation in behalf of his adoptive father who is ill? The adoptive father will be the applicant in this case and he’ll appear as d applicant and we’ll do the signing in the application…
The Adoptive child cannot be a substitute as petitioner. The law requires that the petitioner must be filed by the person who simulated the birth. However, if your case, since your father is ill, he still can be a petitioner. He may authorize someone including the adoptive child to assist in preparing documents.
Good day, Atty. Can we petition/avail only for the rectification of the simulated birth certificate but dispensed with the adoption proceedings?. Thank you.
This cannot be availed separately. The purpose of rectifying as simulated both records is to correct the falsified entry, and it is equally important to legalize the adoption so that the child’s civil status is properly established.
What if the adoptive father has passed away and only the adoptive mother will Process the rectification?
If rectification can be processed and is granted given the situation above, will the adopted child be eligible to represent his deceased adoptive father (as reflected in the simulated birth cert) as his heir? (Considering that siblings of the father insist that the adopted child has no rights because of the simulated birth cer)
It cannot be availed of in the case of the father for this.
How much po cost to legally adoption
Adoption in the Philippine is now administrative, no longer judicial process. the case will be filed in the DSWD specifically the NACC or RACC. the cost will vary on the government fees and documents needed. If you hire a lawyer for assistance, the cost can rise up depending on the complexity of the case.
If the simulation of the birth record is done after March 2019, it is not covered by this law. What could be done to legally rectify the record?
It will not cover by this law. The simulated of birth must only corrected through regular legal remedies.
Hi attorney! What are the disadvantages of this Law pertaining to the child.
The law provides deadline restriction. The amnesty will be effective until March 29, 2029. Also, the law only applies if the adoptive parents themselves file the petition.
Hi atty we have adopted son since birth and now he is 11y/o, his birth certificate was named after us but late registration. With the RA11222 are we still going to court procedure s?
No adoption process is required under RA 11222 because legally your son is already registered as your child.
What if all the conditions were met, except that the child is already above 18 years old, and the child is normal (not handicapped/not a pwd, etc)?
Can the adoptive parents avail this law?
Yes. The law allows the administrative adoption of an adult who has been consistently treated or considered as a daughter or son since birth or minority.
Hello po. Mama ko po isa sa keromg case ng simulation by birth. Yung prob is patay na po yung nag ampon sa knya. 1980’s pa. Yung mga buhay nalang po is yung mga frst cousins niya ( mga pamangkin nlang ng tatay niya ). Ayaw po kaming i acknowledge dahil nga po d raw sya tunay na anak. At ang dami pong properties yung lolo ko yun po yung tatay n mama na umampon sa kanya. Gusto po sana naming humabol since ang dami napo nilang naibenta ever since. D po kami nabigyan.
Ang tanong ko lang po sana is :
Ano po habol ng mama ko? May laban po ba kami? Salamat po.
Kung nakalagay sa birth certificate na siya ay anak ng nag?ampon, iyon ay may presumption of truth at kikilalanin ng gobyerno hangga’t hindi ito nakansela o na?correct sa korte. Ang RA 11222 ay hinid na pweding magamit dahil patay na ang nag?simulate. Kung may dispute, ang tamang remedy ay judicial correction/cancellation of entry sa korte. Dito puwedeng kuwestiyunin ng mga kamag?anak ang filiation ng mama mo. Hanggat hindi pa na cancel and birth certificate ng mama mo, itinituring ng batas na anak at compusory heir ng nag-ampon. May karapatan siya sa mana.
Im already 30. My parents were 60 years old na po. Am I still qualified?
Yes, the law still applies regardless of age. You parent’s age is not also a barrier, as long as they are legally capable and willing, they can file the petition. You must file before March 29, 2029, this is the period of the amnesty.
Hi po. what if po may first registration po and yun po ung lumalabas sa PSA. But may second registration po siya and ung second registration po yung ginagamit niya and magkaiba po ung tatay ng dalawang live birth registration niya. bale ung nag simulate po ng birth certificate niya is ung nakalagay sa 2nd registration niya, pwede pa rin po ba ito?
In this situation, hindi siya simpling clerical error na pwede lang administrative correction. Since magkaiba ang tatay sa dalawang rehistro, kailngan mag file ng petition sa court para ma clarify ang tunay na filiation.
GOOD DAY Atty, I am single, am I qualified for RA 11222?
Single status does not disqualify from applying under the law.
hi atty. i am 34 years old and my cousin is a midwife. she gave me to my adoptive mother because i was left from their lying in clinic. my midwife cousin registered my birth cert. as if i was a legal child without any legal adoption. my question is, am i qualified to be the heir of my adoptive mother? my cousins shows interest in my adoptive mother’s lot and they threatens me to lwave because i am adopted. what can i do? thanks for the answer. I will appreciate it alot.
You are presumed to be your mother’s child because of the birth certificate. You should consider discussing the matter with your mother now. She mau donate it to you while she is still living to forestall problems in the future.
if the child is already an adult (27 years old), can this still be done?
The law does not set maximum age of the child, what matter is that the simulation of birth happened prior the effectivity of the law and other mandatory are met.
Hi Atty. is it possible to refer a client to you who is now a Canadian Citizen?
Yes, you or he can fill out the form at https://lawyerphilippines.org/
Can the adopted child do the process by himself…i mean para maging legal aq na anak anu nid ko gawin please help me po. Hope to hear sa reply on my email. Kasi ung mother ko nasa America.
That cannot be done. The adopter must file the adoption not the adoptee.
Bago kaming kasal last yr Ng asawa ko papano Po ung anak nya sa pagkabinata kinuha nya nung 1 yr old ngayon Po 5 yrs old na.ngayon Po bago palang Po SA poder ko as his step mother..pwde ko ba iapply yn SA Ra 11222?pwde ko ba sya idopt para mging legal na anak ko?Anu Po pwdeng gwin..pls rply.thanks po
Simulation of birth will not apply in your case, if you’re not simulated his daughter birth certificate, meaning hindi ikaw yung nakalagay na nanay sa birth certificate ng bata. The right process is to avail the administrative adoption process under RA 11642 through join adoption of your husband. You may go the NACC or RACCO where you are currently residing and seek assistance.
Can the adopted child do the process by himself…i mean para maging legal aq na anak anu nid ko gawin please help me po. Hope to hear sa reply on my email
It must be done by the adopters with the child’s consent.
If the adopted parents already passed away, what can the adoptive child do to make his adoption legal?
This is not possible under the law.
If the child is now 30 years old and with simulated birth certificate,but (she was treated as real daughter as the mom has no real children.Can the child inherit or become legal heir as the mom died without children and spouse was dead.The child ‘s simulated birth certificate was not corrected thru RA 11222 or not legally adopted when her mom died.Is her birth certificate fake?Can she claim her mom’s inheritance?
A simulated birth certificate is considered fraudulent because it makes it appear that the child is the biological child of the adoptive parent when in fact, they are not. Until corrected through RA 11222 or Rule 108 petition in court, the certificate remains valid on its face, meaning government offices will still recognize it, but legally it is defective. However, in inheritance rules, adopted child is treated as a legitimate child and becomes a compulsory heir. but in your case, in the eyes of the law, simulated birth certificate alone does not make the child a compulsory heir. Therefore, the child cannot inherit as a legal heir. Until someone question the child legitimacy
How do you define simulated birth cert po? What if the mother declared the child as her own, placed in the birth cert since birth. Is it still a “simulated bc” ?
The definition provided by RA 11222, simulated of birth means the tampering of the civil registry of records to make it appear that a child was born to someone who is not the biological mother or father. In simple terms, it is when a birth certificate is falsified so that the child is registered as the son or daughter of another person, instead of the biological parents.
Good day Atty. Just a clarification.. if the adoptive parents (the ones who simulated the child’s birth certificate) died (im 2007) before the effectivity of RA 11222, has no otherway to correct his birth certificate/ make his status as a legitimate child for the rest of his life?
RA 11222 is no longer applicable in your case because the adoptive parents must be alive to file the petition. But you are not barred from correcting your birth certificate.
Hello po Atty. Ask lang po ako regarding this topic. Gusto po sana ng parents ko mag avail ng adoption through RA 11222, kasi fitting po sa situation namin ito. Kaso lang po nung nakausap namin ang social worker, ang sabi ay hindi daw po kami pwede kasi mayroon po daw original birth certificate, nararapat lang po daw ito sa mga simulated from the start, although yung kapatid ko po, simulated din naman lahat ng birth certificate nya. Yun nga lang po, may nag exist pala daw na original na nakapangalan sa totoong parents nya. Humihingi pi kami ng enlightenment dito. Salamat po.
Yes, the social worker is correct. If may existing original birth certificate na nakapangalan sa biological parents, hindi ito sakop ng RA 11222. and tamang proseso ay Domestic Administrative Adoption kung ang gusto lang ay gawing legal na anak ng adoptive parents.
Hi, I’m a 58-year-old male and was applying for a late registration for my birth certificate because many years ago I applied for a copy of the said document from NSO but the result was NO RECORDS ON FILE. It is only last year that I pursued the process of registering and the advice of the local civil registrar was for me to obtain a no record certificate from PSA. but to my surprise, I was actually registered on the year 1983. I was overjoyed because I don’t have to go through the process of late registration. (By the way I was born in 1962) But upon careful examination of the said document, it was filled with erroneous data. It says that I was the only child but actually we are four and I am the youngest. It also states that my place of birth is Mabalacat Pampanga but my baptismal certificate shows that I was born in Mambaling, Cebu City. My middle name is Tapales but the entry is Tapal. I’m worried because I’m nearing retirement and surely this will be a significant concern. Please advise me on what to do. Thank you very much.
The facts you have presented is substantial correction. this affects your identify and family relations and cannot ve corrected administratively. you need to file a petition of Corrections of Entries under Rule 108.
Good day! Ask ko lang po. Ung ka live ko po ngayon bago naging kami ay meron syang ka live dati at may anak sila. Nung naghiwalay sila ay naging kami at nagsama. Nagkaroon kmi ng anak noong 2015 at hanggang ngayon kmi ay magkasama at dalawa n ang anak nmin. Ang problema sa una naming anak ay ipinangalan nya ang apelyido nito sa dati nyang kinakasama na lingid sa aking kaalaman. Ang rason nya ay akala nya ay hindi ko sya papanagutan. Ngunit aminado nmn sya na anak ko ang aming anak. Nalaman ko ito nung 3 taon n ang aming anak dahil nung ako ay nag request sa PSA ng birth cert.ay apelyido ng kinasama nya dati ang nakalagay sa surname ng bata. Problema din po dahil naipa late register p nmin dati ag anak ko ngunit yung unang pangalan ang lumabas sa record. Paano po ba ang dapat kong gawin. 5 taon n po ang anak ko at gusto ko po na malipat na sa pangalan ko ang aking anak. Maraming salamat
This is considered substantial correction, and cannot be done adminitratively. kialngan po ito ng petition sa court under Rule 108. Kailangan ninyo mag consult sa lawyer para matulungan kayo mag prepare sa petition at ma guide din kayo kung ano ang mga requiremnts na kailangan.
Good day po Atty.,
Simulation of Birth po…
September 2017 ipinanganak ang baby (no registration of birth)
since october 2017, nasa amin na po ang bata
November 2017 nairehistro sa aming mag asawa ang bata.
Applicable po ba ang RA 11222 sa amin for Amnesty ng simulation na ginawa namin..
Gusto na rin po sana naming gawing legal ang adoption.
maraming salamat po..
RA 1122 will no longer apply since this law requires the child living with the adoptive parents for at least 3 years before March 29, 2019. What you can do is to pursue legal adoption under RA 11642. This is now the standard process for adoption in the Philippines. It is no longer judicial but administrative.