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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 (R.A. No. 11222) was enacted in order to allow the rectification of simulated birth records of children whose births were registered under the name(s) of individuals who are not their biological parents. This law provides a legal framework for adopted children to establish their true identities and to be entitled to all the rights and benefits of a legitimate child.

Consider the following scenarios involving the Simulated Birth Rectification Act:

  1. Juan and Maria, a married couple, have been struggling to have children for years. They decided to adopt a baby boy and registered him as their own child using a simulated birth record. They provided all the necessary documents and underwent the required processes. Years later, they want to rectify the birth record and legalize their status as the child's adoptive parents. Discuss the procedures and requirements they need to comply with under R.A. No. 11222.
  2. Andrea, an unmarried woman, gave birth to a baby girl but decided to give her up for adoption due to financial difficulties. She registered the child using a simulated birth record, stating herself as the mother and leaving the father's name blank. After a few years, she learns about R.A. No. 11222 and wants to rectify the birth record to include the name of the adoptive parents. Can Andrea avail of the provisions of this law? Discuss the implications and legal considerations in her situation.
  3. Carlos and Sofia, a same-sex couple, used a surrogate mother to have a child. They registered the child under the surrogate mother's name using a simulated birth record but intended to establish their parental rights through adoption. Does R.A. No. 11222 apply to their situation? Explain the potential challenges and benefits they may encounter in rectifying the birth record and legalizing their parental rights.



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