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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

Scenario: John and Mary, a married couple, have been struggling with infertility for several years. They decided to pursue adoption as a way to form a family. After undergoing the required process, they were matched with a newborn baby named Sarah, who was born to a mother named Emily.

Unbeknownst to John and Mary, Emily had participated in a simulated birth scheme, wherein she pretended to give birth to Sarah even though she was not her biological mother. Emily intentionally used falsified documents to make it appear that she was the birth mother of Sarah. Sarah was subsequently registered as Emily's child and was issued a birth certificate indicating Emily as her mother.

John and Mary have been loving and nurturing parents to Sarah for several years. However, they recently learned about the Simulated Birth Rectification Act - R.A. No. 11222, which aims to correct the simulated birth of children. This law provides procedures for the rectification of simulated births, including the issuance of new birth certificates reflecting the biological parentage of the child.

Given the scenario above and the provisions of the Simulated Birth Rectification Act - R.A. No. 11222, please answer the following question:

  1. What are the legal effects of the simulated birth of Sarah on John and Mary's parental rights and obligations?



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Bar Review Question: Adopted Children: Simulated Birth Rectification Act - R.A. No. 11222 Scenario: John and Mary, a ma