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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

Alex and Beth, a married couple, have been longing to have a child of their own. However, they found out that they are medically unable to conceive. They then decided to explore the option of adoption. After undergoing the necessary legal procedures, they were matched with a baby girl named Chloe, who was born out of wedlock and was abandoned by her biological parents.

Unknown to Alex and Beth, Chloe was a product of a simulated birth under the Simulated Birth Rectification Act (R.A. No. 11222). The law allows birth simulation to establish the filiation of a child when the simulation was made for the best interest of the child and that the child has been consistently considered and treated by the person who simulated the birth as his or her own child. The simulation, however, does not confer parental authority over the child.

Later on, Chloe's biological mother resurfaced and expressed her desire to regain custody of Chloe. Alex and Beth, who have already formed an emotional bond with Chloe, are now faced with the dilemma of whether or not Chloe should be returned to her biological mother.

  1. What are the legal implications of Chloe being a product of a simulated birth under R.A. No. 11222?
  2. Who has the legal right to custody of Chloe - Alex and Beth as the adoptive parents, or Chloe's biological mother?



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Bar Review Question: Adopted Children - Simulated Birth Rectification Act Alex and Beth, a married couple, have been lo