Question

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

Alex and Maria, a couple married under the laws of the Philippines, have been married for several years but have been struggling to conceive a child. They decide to explore the option of adoption and research the legal process involved. They come across the Simulated Birth Rectification Act (R.A. No. 11222), which provides a mechanism for the rectification of the simulated birth of a child where simulation of birth was made for the best interest of the child.

In light of this, answer the following scenario-based questions:

1. Scenario 1:

Erica, a close friend of Maria, approaches her and proposes the idea of doing a simulated birth process to facilitate the adoption of a child. She argues that it will be easier and faster to have a simulated birth certificate rather than going through the traditional adoption process. Maria is hesitant and seeks your legal advice. Discuss whether the Simulated Birth Rectification Act (R.A. No. 11222) allows for the use of simulated birth processes as a shortcut to adoption.

2. Scenario 2:

Alex and Maria successfully adopted a child through the traditional adoption process. However, they later discover that their adopted child's birth record contains incorrect information about the child's biological parents. They want to rectify the birth record to reflect the accurate information. Explain how the Simulated Birth Rectification Act (R.A. No. 11222) can be used to rectify the information in the adopted child's birth record.

3. Scenario 3:

After the successful adoption of their child, Alex and Maria decide to obtain a Certificate of Live Birth for their adopted child and apply for a passport. However, they encounter difficulties in obtaining these documents as their adopted child's birth record was registered under the biological parents' names. Explain the steps that Alex and Maria should take to obtain a Certificate of Live Birth and passport for their adopted child under the provisions of the Simulated Birth Rectification Act (R.A. No. 11222).