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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

The given Subject: Adopted Children

Aileen and Ben are a happily married couple who have been trying to have a child for several years. However, due to medical reasons, they are unable to conceive. Determined to start a family, they decide to explore other options and learn about the Simulated Birth Rectification Act or R.A. No. 11222, which allows for the rectification of the simulated birth of a child.

Aileen and Ben decide to pursue this option and engage in the process of simulated birth rectification. They find a willing biological mother, Cynthia, who agrees to give birth to their child and eventually have her parental rights relinquished. The necessary legal procedures are followed, and Aileen and Ben's names are subsequently listed on the birth certificate as the parents of the child.

Unfortunately, after a few years, Aileen and Ben's marriage starts to deteriorate, and they decide to separate. They both still have a deep affection for their child and want to ensure that his best interests are protected. They come to you, a legal expert, seeking advice on the legal implications and rights regarding their adopted child under the Simulated Birth Rectification Act.

In light of this situation, analyze the following legal questions:

  1. What are the legal rights and responsibilities of Aileen and Ben as the adoptive parents of the child under the Simulated Birth Rectification Act?
  2. What are the rights and interests of the child in this particular case?
  3. Are there any specific provisions in the Simulated Birth Rectification Act that address situations where the adoptive parents separate or divorce?
  4. What legal steps should Aileen and Ben take to ensure the well-being and stability of the child in the event of their separation?



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