Pursuant to Section 23 of Republic Act No. 11222, otherwise known as the "Simulated Birth Rectification Act," the following Implementing Rules and Regulations are hereby promulgated:
To grant amnesty and allow the rectification of the simulated birth of a child where the simulation was made for the best interest of the child and that such child has been consistently considered and treated by the person, or persons who simulated such birth as his, her, or their own daughter or son;
To fix the status and filiation of a child whose birth was simulated by giving such child all the benefits of adoption and ensuring that the child shall be entitled to the same rights as that of a legitimate child without discrimination of any kind, as well as to love, guidance, and support from an adoptive family;
To exempt from criminal, civil, and administrative liability those who simulated the birth record of a child prior to the effectivity of the Act: provided, that a petition for rectification of the simulated birth record is filed within three (3) years from the effectivity of the Act and that such simulation of birth was made on or before March 29, 2019;
To provide for and allow a simpler and less costly administrative adoption proceeding where the child has been living with the person who simulated his or her birth record for at least three (3) years before the effectivity of the Act; and
To educate and inform the public about the rectification of simulated births and the benefits of this Act.
"Act" shall refer to Republic Act No. 11222, otherwise known as the "Simulated Birth Rectification Act."
Administrative Adoption refers to a process whereby a person assumes the parental authority of a child, including all the rights and responsibilities, through the legal transfer of such parental authority from the biological parent(s) to the adoptive parent(s) administratively.
Affidavit of Disinterested Persons refers to an Affidavit executed by two affiants who are not related to the petitioner(s) by consanguinity or affinity attesting to a fact.
Certification Declaring a Child Legally Available for Adoption (CDCLAA) refers to a certification administratively issued by the DSWD Secretary or his/her duly authorized representative declaring that the child is legally available for adoption.
Child refers to a person below eighteen (18) years of age or a person eighteen (18) years of age or over who is unable to fully take care of himself or herself or protect himself or herself from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or condition.
Disinterested Person refers to an individual who attests on a particular fact, i.e., simulation of birth but has no personal advantage or disadvantage in the outcome or result of the Petition for Adoption with an Application for Rectification of Simulated Birth Record.
Foundling refers to a person whose facts of birth are unknown.
Indigent refers to Prospective Adoptive Parents whose net income per month is less than the Family Income and Expenditures Survey (FIES) conducted by PSA and approved by the National Economic and Development Authority (NEDA).
Order of Adoption refers to a registrable civil registry document issued by the Secretary after determining that the administrative adoption is for the best interest of the child.
Simulated Birth Record refers to the civil registry record of a person, registered pursuant to the Order of Adoption issued by the Secretary, bearing the name by which he or she shall be known and his or her parents as stated in the Order of Adoption.
Petition for Administrative Adoption with Application for Rectification of Simulated Birth Record (Petition) refers to the accomplished application form with the circumstances about the child and the grounds that would warrant the petitioner's qualifications to adopt such child and the grounds that would grant an administrative adoption by the Secretary.
Petitioner refers to a person(s) who considers a child as their own and desires to legalize their parental relationship with such child through an Administrative Adoption with Application for Rectification of Simulated Birth Record.
"Rectified Birth Record" refers to a civil registry record of a person, issued pursuant to the order of the Secretary, which reflects the name of the biological parents in the birth certificate, as determined by the Secretary, about the child's parentage or finding, which information accompanies his or her true identity.
"Regional Director" refers to the head of a field office of the DSWD.
"Secretary" refers to the Secretary of the DSWD.
"Simulation of Birth Record" refers to the tampering of the civil registry record to make it appear in the record that a child was born to a person who is not his/her biological mother, causing the loss of the identity and status of such child.
"Social Welfare and Development Office (SWDO)" refers to the office in the city or municipality that implements social welfare and development programs and services devolved to such local government units.
"Social Worker" refers to a person who passes the Licensure Examination for Social Workers, has a valid professional license, and who exercises sound professional judgment in handling cases.
Administrative adoption of a non-relative child;
Administrative adoption of a relative child, within the fourth (4th) degree of affinity or consanguinity;
Administrative adoption of an adult, who is consistently considered and treated as a daughter or son since birth or minority;
Administrative adoption for rectification of simulated birth record with Cancellation of Simulated Birth Certificate or Petition for Adoption with Application for Rectification of Simulated Birth Record filed within the prescribed period;
Other analogous circumstances as may be determined by the Secretary. Provided that the child subject of the petition has been living with or under the custody of the prospective adoptive parents for at least three (3) years and that they have treated the child as their own child: Provided further, that the petition for Administrative Adoption with Application for Rectification of Simulated Birth Record is filed within the prescribed period. Excluded in the coverage of the Act are circumstances not limited to the following:
Rectification or Correction of entries, i.e., to reflect the name of the biological parents in the birth certificate.
The objectives of the fora and seminars are:
To help the PAPs assess their motivation, capacity, and readiness to adopt;
To resolve possible adoption issues; and
To prepare the PAPs. The certificate of attendance in the pre-adoption seminar shall be issued by the DSWD or child placing agency as one of the supporting documents in filing the PAPs' application for administrative adoption with application for rectification of simulated birth record.
That the simulation of birth was made for the best interest of the child and that the child has been consistently considered and treated by such person or persons as their, his, or her own daughter or son; and
That such person or persons has or have filed a petition for adoption with an application for the rectification on or before March 29, 2029. All benefits of the Act shall also apply to adult adoptees whose certificates of birth have been simulated.
The simulated birth record of the child provides:
That the child has been living with and cared for by the petitioners for a period of 3 years prior to March 29, 2019 which is the effectivity of the Act;
That, when applicable, a certificate declaring the child legally available for adoption (CDCLAA) is issued by the DSWD in favor of the child.
The CDCLAA shall be the primary evidence that the child is legally available for adoption.
Be a Filipino citizen;
Be of legal age;
Possess full civil capacity and legal rights;
Be of good moral character;
Have not been convicted of any crime involving moral turpitude; and
Be in a position to support, educate and care for his or her children and the child to be adopted in keeping with the means of the family. In case of adoption by a married couple, where one of the adopters is a foreign national married to a Filipino, the foreign national must have been residing in the Philippines for at least three (3) continuous years prior to the filing of the petition for adoption and certification by the DSWD stating that he or she is qualified to adopt in his or her country.
The prospective adoptee, if ten (10) years of age or over;
The prospective adoptee's legitimate and adopted daughters and sons, ten (10) years of age or over;
The prospective adoptee's illegitimate daughters and sons, ten (10) years of age or over, if living with said adoptee(s), if any; and
The spouse, if any, of the adoptee.
Authenticated copy of the simulated birth record of the child and the authenticated copy of the birth record of the adoptee;
Affidavit of admission, if the simulation of the birth was done by a third person.
Certification issued and signed by the punong barangay attesting that: i. The petitioner(s) are bonafide residents of the barangay; ii. The child has been living with the petitioner/s for at least three (3) years prior to the filing of the petition; iii. The petitioner is indigent, if applicable;
Notarized Affidavits of at least two (2) disinterested persons, who reside in the same barangay where the child resides, attesting that the child has been living with the petitioner/s for at least three (3) years prior to the effectivity of the Act;
Original copy of CDCLAA issued by the DSWD, except if the prospective adoptee is an adult or a relative of the adopter(s) within the fourth degree of consanguinity or affinity;
Oldest and recent photographs of the prospective adoptee and the petitioner/s, taken within the last three (3) months prior to the filing of the petition;
Certificate of Attendance by the Petitioner(s) in Pre-Adoption Fora and Seminar;
As applicable, Marriage Contract, Decree of Annulment, Declaration of Nullity, or Decree of Legal Separation;
Latest Physical and Medical Evaluation of the adopter(s) by a duly licensed physician;
When appropriate, psychological evaluation of the adopter(s) by a duly licensed psychologist;
Latest NBI / Police Clearance;
Latest income tax return or any other documents showing financial capability, such as Certificate of Employment, Bank Certificate or Statement of Assets and Liabilities; and
Authenticated copy of the Negative Certification of Birth, or in the case of a foreign national married to a Filipino, he or she must submit proof of the following: 1) Residence in the Philippines for at least three (3) continuous years prior to the filing of the petition and maintains such residence until the Order of Adoption is issued.
Such report, together with the petition and the supporting documents from the petitioner(s), including the motivation of the petitioner(s) to adopt, shall be prepared by a licensed social worker of the Field Office and shall be personally determined by him or her to be sufficient. In the course of the review, additional information or documents may be required, which request shall not prejudice the Regional Director from acting on the petition. Based on the evidence at hand, the personal appearance of the petitioner.
The Regional Director shall transmit the recommendation to the Secretary together with the original copy of the petition and its supporting documents.
If the Secretary determines that the adoption shall redound to the best interest of the child, the Secretary shall issue an Order of Adoption. The Order shall create a simulated birth record of the child, which is a birth or late registration of the rectified birth record, which in turn shall have the same effect as a decree of adoption issued under this Act. The Order shall create a legal status to the existing parent-child relationship and shall be registered with the SWDO, even if the petitioner dies before its issuance. The Order of Adoption issued under this Act shall have the same effect as a decree of adoption issued under Republic Act No. 8552, otherwise known as the Domestic Adoption Act of 1998. The Order shall be recorded by the concerned DSWD Field Office at the local civil registrar of the city or municipality where the child is born or found. The Order of Adoption shall include the following:
Cancellation of the simulated birth record of the child;
Late registration of the rectified birth record, which shall indicate the true facts of birth or filiation;
Issuance of a new birth certificate stating the name by which the child shall be known and shall likewise direct the concerned civil registrar.
i. Issuance of a rectified birth record, bearing the child’s true identity, and a new birth certificate, indicating the petitioner/s as parents or adoptive parents, as the case may be. The rectified birth certificate bearing the name of the biological parents of the child or the founding parents, as the case may be, shall not bear any notation. The copy of the rectified birth certificate shall be recorded in the civil registry of the concerned local civil registrar. In all cases, the recording and registration of the Order of Adoption, the rectified birth record, and the new birth certificate shall conform with the internal guidelines prescribed by the PSA and the Office of Local Civil Registrar. The cancelled or simulated birth certificate and the rectified birth record shall be sealed in the civil registry records and shall be released or issued only upon the order of the court.
As far as practicable, the foregoing agencies, in the exercise of their rate-fixing power, may come up with staggered rates, depending on income bracket of the petitioner(s). Fees shall be waived if the petitioner(s) is/are found to be indigent as defined in this IRR.
In any event, the disclosure of any information shall only be allowed upon the order of the court or written request of the petitioner(s), the Adoptive Parent or upon order of any other agency or institution participating in such proceedings. Any violation of the confidential nature of the records above-mentioned shall be punishable pursuant to the penal provisions of the Act, R.A. No. 10173 or the Data Privacy Act of 2012 or other relevant laws.
Legitimacy. The adoptee shall be considered the legitimate child of the adopter for all intents and purposes. As such, the adoptee is entitled to all the rights and obligations provided by law to legitimate children without discrimination of any kind.
Parental Authority. Except when the biological parent and the adoptee shall be severed, and the same shall be vested in the adopter.
Succession. The adoptee shall have reciprocal rights of succession from legitimate parents and other legitimate relatives, without distinction from legitimate filiation. In case of intestate succession, if the adoptee dies without a will, the law on testamentary succession shall govern.
The Secretary is given 15 days upon receipt to rule on the Motion for Reconsideration. In the existing rules, the order shall be without prejudice to the refiling of the Petition with the SWDO in accordance with these Rules. Depending on the ground for denial, nothing in the Act proscribes the petitioner(s) from filing a new petition. Notwithstanding, a denial founded on the determination by the Secretary that the administrative adoption will not redound to the best interest of the child, the administrative adoption shall not be allowed. All measures necessary to protect the rights and promote the welfare of said child shall be in place.
The DSWD Regional Office shall furnish copies of its order of rescission to the concerned agencies, which shall, in turn, provide copies to the petitioner, the adoptee, and the adopter. The concerned agencies shall cancel the new certificate of birth of the adoptee and restore the adoptee’s original certificate of birth, as may be applicable, and reinstate the adoptee’s original name, if this has been changed.
Successional rights shall revert to its status prior to adoption, but only as of the date of the decision of rescission. Vested rights acquired prior to administrative rescission shall be respected. Rescission shall be without prejudice to the penalties imposable under the Revised Penal Code if the criminal acts are proven.
Repeated physical or verbal maltreatment by the adopter;
Attempt on the life of the adoptee;
Sexual assault or violence;
Abandonment and failure to comply with parental obligations; or
Acts that are detrimental to the psychological and emotional development of the adoptee. Adoption, being in the best interest of the child, shall not be subject to rescission by the adopter. However, the adopter may disinherit the adoptee for causes provided in the Civil Code.
The IRR shall be registered with the Office of the National Administrative Register at the University of the Philippines, UP Diliman, Quezon City. Approved on 07 October 2019.