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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

Alice and Ben, a married couple, have been trying to have a child for years but have been unsuccessful. They decide to pursue adoption and are matched with a child, Sarah, who was supposedly born to a certain Maria. However, it is later discovered that Maria is not the biological mother of Sarah and that the birth was simulated in order to facilitate the adoption process. The Simulated Birth Rectification Act (R.A. No. 11222) provides a legal remedy for the rectification and regularization of simulated births.

In this scenario, please answer the following questions:

  1. Under R.A. No. 11222, what is the process for the rectification of a simulated birth and the issuance of a new birth certificate for Sarah?
  2. What are the benefits and rights that Sarah, as an adopted child through simulated birth rectification, is entitled to?
  3. Are there any legal implications or consequences for Alice and Ben, the adoptive parents, in relation to the simulated birth of Sarah? Discuss the possible legal actions or consequences that they may face.



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Bar Review Question: Adopted Children - Simulated Birth Rectification Act - R.A. No. 11222 Alice and Ben, a married cou