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AllBar 2024CIVIL LAWIII. PERSONS AND FAMILY RELATIONSN. Paternity and Filiation4. Adopted Childrenc. Simulated Birth Rectification Act - R.A. No. 11222

Question

Adopted Children - Simulated Birth Rectification Act - R.A. No. 11222

In 2019, the Simulated Birth Rectification Act or Republic Act No. 11222 was enacted in the Philippines. This law provides a legal process for rectifying the simulated birth of a child, allowing the child to be considered the legitimate child of his or her biological parents.

Consider the following scenarios involving adopted children and the Simulated Birth Rectification Act:

  1. Scenario 1:
    Juan and Maria, a married couple, adopted a child through the traditional adoption process. The child has been living with them since infancy and is considered their legal child. However, it was recently discovered that the child was actually a case of simulated birth. Can Juan and Maria apply for rectification of birth under R.A. No. 11222 to establish the child's legal filiation with his or her biological parents? Discuss the legal requirements and procedures involved in this scenario.

  2. Scenario 2:
    Carlos, a single individual, adopted a child through the traditional adoption process. Recently, he discovered that the child was actually a case of simulated birth. Can Carlos apply for rectification of birth under R.A. No. 11222 to establish the child's legal filiation with his or her biological parents? Discuss the legal implications and possible challenges in this scenario.

  3. Scenario 3:
    Anna and Mark, a married couple, adopted a child through the traditional adoption process. Years later, they discovered that the child was actually a case of simulated birth. However, the biological parents are no longer willing or able to take care of the child. Can Anna and Mark still apply for rectification of birth under R.A. No. 11222? Discuss the rights and responsibilities of the adoptive parents and the factors that the court may consider in this situation.



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