Josephine consulted me and admitted na dinaya daw or fake ang birth certificate ng anak nya at pinalabas na anak niya ang bata kahit hindi totoo. Ito ay isang malaking kasalanan, dati.
Meron ng remedyo dito ngayon. Noong 21 February 2019, President Duterte of the Philippines signed into law the Republic Act No. 11222, entitled An Act of Allowing Rectification of Simulated Birth Records and Prescribing Administrative Adoption Proceedings for the Purpose.
Ano ang ibig sabihin nito?
Sa bagong batas kelangan na:
- patunayan na ang simulation of birth ay ginawa lamang para sa kapakanan at sa ikabubuti ng bata; at
- ang bata ay pinalaki mo at tinatrato mong sya ay tunay mong anak.
The law provides for the grant of amnesty to individuals who falsified civil registry records to make it appear in a child’s birth record that the child was born to a woman who is not the biological mother, thereby causing the loss of the child’s true identity and status. Pwede mo ng itama ang birth certificate ng bata at ang adoptive parent na ang lalabas na magulang ng bata sa birth certificate.
Watch this Youtube: https://www.youtube.com/watch?v=tBibfQYLu08&feature=player_embedded
Specifically, this law allows the correction of the simulated birth record as long as the falsity that was perpetrated is proved to have been made in pursuit of the child’s best interest and that the simulated parents have treated the child in question as their own. (Cudis, supra.)
Instead of going through regular adoption court proceedings as part of the rectification process, individuals who wish to adopt the child in question may file an administrative petition with a social welfare and development official from their place of residency. The Secretary of Social Welfare has the authority to decide on the petition within 30 days from receiving a recommendation from the agency’s regional director. (Id.)
Upon approval of the petition, the adopted child is to be considered a legitimate daughter or son and is thus entitled to all legal rights derived from such status. (Id.)
This law provides that, in order to be properly implemented, the secretary of the Department of Social Welfare and Development must issue pertinent regulations within 60 days after the law becomes effective. Prior to issuing the regulations, the secretary must hold consultations with a number of relevant government entities (including the Department of Justice, the civil registry authority, and the Council for the Welfare of Children), as well as with children’s rights civil society organizations. (Simulated Birth Rectification Act sec. 23.)
Source: Library of the Congress (Philippines)
You have to consult a qualified lawyer in the Philippines to make formal inquiry about this legal matter.
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