Duterte Signs Law Simplifying Adoption Process in PH

President Rodrigo Duterte has signed into law the Simulated Birth Rectification Act, which simplifies the adoption process in the country.

Otherwise known as Republic Act No. 11222, the new law allows prospective parents to skip the lengthy six-month judicial process for adoption.

Moreover, the measure also grants amnesty and allows the rectification of a child’s simulated birth done in the child’s best interest. “Birth simulation” pertains to the tampering of the civil registry so that a birth record would show a child was born to a person who is not the child’s biological mother.

Under the new law, a child with simulated birth is guaranteed all the rights provided by law to legally adopted kids.

The adoption process is then fast-tracked by exempting those who simulated the birth record from criminal, civil, and administrative liability. In order to be exempted, an application to rectify a simulated birth record must be filed within ten years from the effectivity of the measure.

Qualifications

The Simulated Birth Rectification Act states that adopters must fulfill the following criteria:

• Filipino citizens of legal age
• With good moral character
• Possesses full civil capacity and legal rights
• Should not have been convicted of any crime involving moral turpitude
• Must be emotionally and psychologically capable of caring for children
• Should be capable of supporting the child

In the case of adoptions for couples where a Filipino national is married to a foreigner, residency must be established. The foreigner must have been residing in the Philippines for three continuous years prior to filing for the petition for adoption and the rectification of simulated birth.

Adoptees over 10 years old are also required to submit their written consent for the adoption to take place.

Rescission of Adoption

According to the new law, the adoption of a child may be rescinded if the there is proof of either physical or verbal maltreatment.

Other grounds for rescission include:

• Sexual assault or violence
• Attempt on the life of the child
• Abandonment
• Failure to comply with parental obligations
• Other harmful acts to the psychological and emotional development of the child

For minors and incapacitated children whose petition for rescission is granted, parental authority will be given to the biological parents, if they are known.