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All ▸ Bar 2024 ▸ CIVIL LAW ▸ III. PERSONS AND FAMILY RELATIONS ▸ N. Paternity and Filiation ▸ 4. Adopted Children ▸ c. Simulated Birth Rectification Act - R.A. No. 11222

Question

Question:

Mr. and Mrs. Santos, a childless couple, decided to adopt a child. They went through the proper legal process and were granted a final decree of adoption for baby Mark. However, after a few years, they discovered that baby Mark was not legally available for adoption as he was a victim of a simulated birth. The Santos family wants to rectify the situation and establish the legal parent-child relationship with baby Mark.

Based on the Simulated Birth Rectification Act (R.A. No. 11222), answer the following questions:

  1. What are the requirements for the rectification of simulated birth under R.A. No. 11222?
  2. What procedure should the Santos family follow in order to rectify the simulated birth of baby Mark?
  3. What legal effects will the rectification of the simulated birth have on the relationship between the Santos family and baby Mark?


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Bar Review Question: Question: Mr. and Mrs. Santos, a childless couple, decided to adopt a child. They went through the