MAMBUSAO, Capiz – The Department of Social Welfare and Development (DSWD) in Western Visayas recorded its first approved case of legalized adoption through simulation of birth.
This involved a couple here who had an administrative adoption case under Republic Act (RA) 11222, or the Simulated Birth Rectification Act.
Director Ma. Evelyn Macapobre said simulation of birth refers to cases wherein a child’s record is tampered to make it appear that he/she was born to someone other than his/her biological mother.
DSWD-6, through its Adoption Resource and Referral Unit, officially endorsed the Order of Adoption and Certificate of Finality to couple Jose and Jelly Liba on Nov. 8.
RA 11222 was signed into law on Feb. 21, 2019 and took effect on March 29, 2019. Its Implementing Rules and Regulations (IRR) was approved on Oct. 7, 2019 and took effect on Dec. 2019 and will remain in effect until March 29, 2029.
DSWD Memorandum Circular No. 16 which sets the guidelines on the Simulated Birth Rectification Act provides that “the child subject of the petition has been living with or under the custody of the petitioner(s) for at least three years prior to March 29, 2019 (or from March 29, 2016 or earlier), and he or she or they simulated the birth record of such child.”
It added that the petition for Administrative Adoption with Application for Rectification of Simulated Birth Record must be filed on or before March 29, 2029, which is the prescribed period under the law.
According to Macapobre, the new law grants amnesty to adoptive parents from any criminal liability if they express intent to legalize the adoption and to correct the simulated birth of the child.
“With this law, the rights, status and affiliation of a child will be fixed and grants the benefits of adoption,” Macapobre said.
She called on parents who simulated a child’s birth record to come into the open and adopt the child through legal procedures.
This year, DSWD recorded two administrative adoption cases approved under RA 11222 nationwide.
The petitioners, on the other hand, were thankful to DSWD for the privilege.
“Now that we have the approved papers for our child, he could be legally recognized as our son and as our beneficiary,” said Jose.
“We can now sleep at night without any guilt or liability from the government for what we have done in the past,” he added. (with DSWD-6/PN)
