H. No.

5675
(a) To g ran t am nesty and allow the rectification of the
S. No. 2081
sim ulated birth of a child where the sim ulation was made for the
b e st in te r e s t of th e child, an d t h a t such child h a s been
JX^puMtr o f fIjc pines consistently considered and treated by the person or persons who
sim ulated such birth as her, his, or th eir own daug hter or son;
fflnngrBSS
(Metro (iillamla (b) To fix th e s ta tu s an d filia tio n of a child whose
b irth was sim ulated by giving such child all the benefits of
^elienteenfl} Congress adoption and ensuring th a t the child shall be entitled to all
the rights provided by law to legally adopted children, w ithout
Cljtrh ^gular^ession any discrim ination of any kind, as well as to love, guidance,
and support from the child’s adoptive family;

(c) To exem pt from crim inal, civil, and adm inistrative

B e g u n a n d h e ld in M e t r o M a n ila , o n M o n d a y , t h e t w e n t y - t h i r d
d a y o f J u l y , t w o t h o u s a n d e ig h t e e n .
lia b ility th o se who sim u la te d th e b irth record of a child
prior to the effectivity of this Act: Provided, T h at a petition
for adoption w ith an application for the rectification of the
sim ulated b irth record is filed w ithin ten (10) years from the
effectivity of th is Act;

[REPUBLIC ACT NO. 11222 ]

(d) To provide for and allow a sim pler and less costly
adm inistrative adoption proceeding w here the child has been
livin g w ith th e p e rso n or p e rso n s who s im u la te d h e r or
AN ACT A L L O W IN G T H E R E C T IF IC A T IO N OF his b irth record for a t least three (3) years before the effectivity
SIMULATED BIRTH RECORDS AND PRESCRIBING of th is Act; and
ADMINISTRATIVE ADOPTION PROCEEDINGS FOR
THE PURPOSE (e) To e d u c a te a n d in fo rm th e p u b lic a b o u t th e
rectification of sim ulated births, and to encourage people to
Be it enacted by the Senate and House o f Representatives o f the avail of the benefits of th is Act.
Philippines in Congress assembled:
S ec . 3. Definition of Terms. - As used in th is Act;
ARTICLE I
General P rovisions (a) Certification Declaring a Child Legally Available for
Adoption (CDCLAA) refers to a document issued by the Secretary
Section l. Short Title. — This Act shall be known as of the D epartm ent of Social Welfare and Developm ent (DSWD)
th e “Sim ulated B irth Rectification Act”. or the Secretary’s duly authorized representative as provided
for by R epubhc Act No. 9523, otherw ise known as “An Act
Sec . 2. Objectives. - This Act shall have the following Requiring Certification of the D epartm ent of Social Welfare
objectives:
a n d D e v e lo p m e n t (DSW D) to D e c la re a ‘C h ild L eg ally
Available for Adoption’ as a Prerequisite for Adoption Proceedings,
Am ending for th is Purpose C ertain Provisions of Republic Act
No. 8552, otherwise known as the Domestic Adoption Act of 1998;
Repubhc Act No. 8043, otherwise known as the Inter-C ountry
Adoption Act of 1995; and Presidential Decree No. 603, otherwise
known as th e Child and Youth W elfare Code, and for O ther
Purposes”, adm inistratively declaring th a t a child is legally
available for adoption which term inates the rights of the biological
parents, guardian, or other custodian to exercise authority over
the child upon issuance of the certificate;
(b) C hild refers to a person below eighteen (18) years
of age, or a person eighteen (18) years of age or over who is
u n ab le to fully ta k e care of h e rs e lf or h im se lf or p ro te c t
h erself or him self from abuse, neglect, cruelty, exploitation,
or discrim ination because of a physical or m en tal disability
or condition, whose b irth was sim ulated;
(c) F oundling refers to a child who is abandoned and
whose parentage is unknown;
(d) Regional Director refers to the head of a field office of
the DSWD;
(e) Secretary refers to the Secretary of the DSWD;
({) Sim ulation of birth record refers to the tam pering
of the civil registry to m ake it appear in the record of b irth
th a t a child w as born to a perso n who is not such child’s
biological m other, causing the loss of the true identity and statu s
of such child; and
(g) Social Welfare a n d Development Officer refers to
the head of a city or m unicipal social welfare and developm ent
office, w hich serves as th e frontline of a city or m unicipal
governm ent in the delivery of social welfare and developm ent
program s and services.
ARTICLE II
Rectification of Simulated Births
S ec . 4. R e c tific a tio n o f S im u la te d B irth R ecord. —
N o tw ith s ta n d in g an y p ro v isio n of law to th e c o n tra ry ,
a person or persons who, prior to the effectivity of th is Act,
sim u late d th e b irth of a child, a n d those who cooperated
in the execution of such sim ulation, shall not be crim inally,
civilly, or adm inistratively Uable for such act; Provided, T hat
th e sim u latio n of b irth w as m ade for the b e st in te re s t of
the child and th a t the child has been consistently considered and
tre a te d by such person or persons as her, his, or th eir own
d a u g h te r or son; P rovided, fu rth e r, T h a t such p erso n or
p erso n s h a s or have filed a p e titio n for adoption w ith an
apphcation for the rectification of the sim ulated b irth record
w ithin ten (10) years from the effectivity of this Act; Provided,
fin a lly . T h a t a ll th e b en efits of th is Act sh a ll also apply
to adult adoptees.
S e c . 5. A dm inistrative Adoption a n d Rectification. —
A p e rso n o r p e rso n s who s im u la te d th e b irth of a ch ild
u n d er the conditions provided under Section 4 of th is Act m ay
a v a il of a d m in is tra tiv e proceedings for th e ad o p tio n a n d
rectification of the sim ulated birth record of such child; Provided,
T h a t the child has been living w ith th e person for a t lea st
th re e (3) y ears before the effectivity of th is Act; Provided,
further. T h at a certificate declaring the child legally available
for adoption (CDCLAA) is issued by the DSWD in favor of
such child.
S e c . 6. I n a d m is s ib le E v id e n c e . - A ll p e titio n s ,
docum ents, records, an d p a p e rs re la tin g to ad o p tio n a n d
rectificatio n of sim u late d b irth s u n d e r th is Act c an n o t be
used as evidence ag a in st those who sim ulated th e b irth of
a child or who cooperated in the execution of such sim ulation
in any crim inal, civil, or adm inistrative proceeding.
 ARTICLE III
Additional Requirements for Administrative Adoption
S e c . 7. Personal Qualifications. - Adopters must:
(a) Be Filipino citizens;
(b) Be of legal age;
(c) Possess full civil capacity and legal rights;
(d) Be of good m oral character;
(e) H ave n o t been convicted of any crim e involving
m oral turpitude;
(0 Be emotionally and psychologically capable of caring
for children; and
(g) Be in a position to support and care for the child in
keeping w ith the m eans of the family.
In case of adoption by a m arrie d couple, w here one
of the adopters is a foreign natio n al m arried to a Filipino,
th e fo re ig n n a tio n a l m u s t h a v e b e e n r e s id in g in th e
P hilippines for a t lea st th ree (3) continuous y ears prior to
th e filing of the p e titio n for adoption and app licatio n for
rectification of sim ulated birth record.
S e c . 8. R e q u ire d C o n sen t. - A fte r b e in g p ro p e rly
co u n seled a n d info rm ed of th e rig h t to give or w ithh old
approval of the adoption, the w ritten consent of the following
shaU be required;
(a) The adoptee, if ten (10) years of age or over;
(b) The legitim ate and adopted daughters and sons, ten
(10) years of age or over, of the adopter and adoptee, if any;
(c) The illegitim ate daughters and sons, te n (10) years
of age or over, of the adopter if hving w ith said adopter and
the la tte r’s spouse, if any; and
(d) The spouse, if any, of the adoptee.
ARTICLE IV
Administrative Adoption P rocedure
S e c . 9. Petition. - The p etitio n for adoption w ith an
application for rectification of sim ulated b irth record shall
be in th e form of an affidavit and shall be subscribed and
sw orn to by th e p etitio ner or p etitioners before any person
authorized by law to adm inister affirm ations and oaths. It shall
s ta te th e fac ts n e c e ssa ry to e s ta b lis h th e m e rits of th e
petition, and the circum stances surrounding the sim ulation
of the birth of the child. The petition shall be supported by
the following:
(a) A copy of sim ulated b irth or foundling certificate of
the child;
(b) Affidavit of adm ission if the sim ulation of b irth was
done by a third person;
(c) C e rtific a tio n issu e d a n d sig n e d by th e p u n o n g
b a ra n g a y a tte s tin g th a t th e p e titio n e r or p e titio n e rs is a
residen t or are residents of the barangay, and th a t the child
has been hving w ith the petitioner or petitioners for a t least
th ree (3) years prior to the effectivity of th is Act;
(d) Affidavits of a t least two (2) disinterested persons,
who reside in th e sam e baran gay w here th e child resides,
a tte stin g th a t th e child has been hving w ith th e p etitio n er
for a t least th ree (3) years prior to the effectivity of th is Act;
(e) CDCLAA issued by the DSWD; and

(0 P h o to g ra p h s of th e ch ild a n d th e p e titio n e r or
petitio n ers tak e n w ithin the la st th ree (3) m onths p rio r to
the filing of the petition.
A CDCLAA shall no longer be required if the adoptee
is already a n a d u lt or a relative of the adopter w ith in th e
fourth degree of consanguinity or affinity.
S e c . 10. Adoption Process. - The petition shall be filed
w ith the Office of the Social Welfare and Development Officer
(SWDO) of the city or m unicipality w here th e child resides.
The SWDO shall have seven (7) days to exam ine the petition
a n d its s u p p o rtin g d o c u m e n ts a n d d e te rm in e w h e th e r
the same is sufficient in form and substance. If the SWDO
finds th a t the petition is insufficient in form or substance,
the SWDO sh all re tu rn the sam e to th e p e titio n e r w ith a
w ritten explanation of its insufficiency. If th e SWDO finds the
p etitio n sufficient in form and substance, th e SWDO shall
forw ard th e petition and the supporting docum ents w ithin
three (3) days to the Regional Director.
T he R e g io n a l D ire c to r s h a ll re v ie w th e p e titio n ,
e s ta b lis h th e id e n tity of th e c h ild , a n d p r e p a r e th e
recom m endation on th e p etitio n not la te r th a n th irty (30)
days from receipt thereof. The Regional Director m ay require
the p etitio ner to subm it additional inform ation or evidence
to s u p p o rt th e p e titio n . The fa ilu re of th e p e titio n e r to
comply w ith such re q u e st shall not preclude th e Regionsil
D irector from acting on the p etition based on th e evidence
on hand.
The Regional Director shall tra n sm it to the Secretary
the recom m endation on th e petition together w ith a copy of the
petition and supporting documents.
The S e c re ta ry s h a ll act a n d decide on th e p e titio n
w ithin th irty (30) days from receipt of the recom m endation
of the Regional Director.
8
Sec . 11. O rd e r o f A d o p tio n . — I f th e S e c r e ta r y
d e te rm in e s t h a t th e a d o p tio n s h a ll re d o u n d to th e b e st
in te re s t of th e child, a n order of adoption sh a ll be issued
which shall take effect on the date the petition was filed with
th e Office of the SWDO, even if the petitioner dies before its
issuance.
The o rd er of adoption shall sta te th e nam e by which
th e adoptee shall be known and shall likewise direct the:
(a) Cancellation of the sim ulated birth record of the child;
(b) Issuance of th e rectified b irth record bearing the
nam es of th e biological p a re n ts of the child or the issuance of a
foundling certificate; and
(c) Issuance of a new birth certificate.
An adm inistrative adoption order obtained under this Act
sh a ll have th e sam e effect as a decree of adoption issued
p u rsu a n t to Republic Act No. 8552, otherw ise known as the
“Domestic Adoption Act of 1998”.
Sec . 12. Civil Registry Record. - The Secretary shall
im m ediately tra n sm it the order of adoption to the concerned
DSWD Regional Office, which shall in tu rn provide copies to
the petitioners, the concerned agencies and the appropriate
local civil registrar.
The Local Civil R eg istrar sh a ll stam p th e sim u lated
b irth record “cancelled” w ith an an n o tatio n of th e issuance
of a new rectified certificate of b irth in its place. The rectified
b irth certificate bearing the nam es of the biological p a re n ts
of the child or the foundling certificate shall th en likewise be
stam ped “cancelled” w ith the annotation of the issuance of
a new b irth record in its place, and shall be sealed in the
civil registry records. Thereafter, th e Local Civil R egistrar
shall record, register, and issue a new certificate of b irth which
shaU not bear any notation th a t it is a new or am ended issue.

Sec . 13. S o cialized Fees. — The city or m u n ic ip a l
SWDO, the Regional Director, and the Office of the Local Civil
R egistrar may charge socialized fees to those who avail of the
adm inistrative adoption proceedings under this Act. Fees shall
be waived if the petitioner is indigent.
Sec . 14. C onfidentiality. - All p e titio n s, docum ents,
reco rd s, a n d p a p e rs re la tin g to a d m in is tra tiv e a d o p tio n
p roceedings in th e files of th e city or m unicipal SWDOs,
th e DSWD central and field offices, or any other agency or
i n s t i tu t io n p a r tic ip a tin g in su c h p ro c e e d in g s s h a ll be
strictly confidential.
The disclosure of any inform ation shall be allowed only
upon the w ritten request of the adoptee or in the case of a m inor
adoptee, her or his guardian.
ARTICLE V
E ffects of Administrative Adoption
Sec . 15. Legitimacy. - The adoptee shall be considered
the legitim ate daughter or son of the adopter for all in ten ts and
purposes and as such is entitled to all the rights and obligations
provided by law to legitim ate daughters or sons born to them
w ithout discrim ination of any kind. To this end, the adoptee
is entitled to love, guidance, and support in keeping w ith the
m eans of the family.
Sec . 16. P aren tal Authority. - Except where a biological
p a re n t is the spouse of th e adopter, all legal ties betw een the
biological p aren ts and the adoptee shall be severed and the same
shall th en be vested in the adopter.
Sec . 17. Succession. - In legal and intestate succession,
the adopter and the adoptee shall have reciprocal rights of
succession w ithout distinction from legitimate filiation.
However, if the adoptee and her or his biological parents left
a will, the law on testam entary succession shall govern.
10
ARTICLE VI
Rescission of Administrative Adoption
S ec . 18. Grounds for Rescission. - Upon petition of the
adoptee, w ith the assistance of the city or m unicipal SWDO
or the DSWD if a m inor or if over eighteen (18) years of age
bu t is incapacitated, the adoption may be rescinded on any
of the following grounds committed by the adopter:
(a) R epeated physical or verbal m a ltre a tm e n t by th e
adopter;
1
(b) A ttem pt on the life of the adoptee;
(c) Sexual assault or violence;
(d) A bandonm ent and failure to comply w ith p a re n tal
obhgations; or
(e) O ther acts th a t are detrim ental to th e psychological
and emotional development of the adoptee.
Adoption, being in the best in te rest of the child, shall not
be subject to rescission by the adopter. However, the adopter
m ay disinherit the adoptee for causes provided in Article 919
of the Civil Code.
S e c . 19. Rescission of A dm inistrative Adoption. - The
process for adm inistrative adoption as provided under Section 10
of th is Act sh a ll apply to th e rescission of a d m in istra tiv e
adoption: Provided, T h a t th e concerned SWDO, R egional
D irector, and th e S e c re tary sh a ll act im m ed iately on th e
p etition for rescission bearing in m ind th e b est in te re s t of
the child.
The S e c re ta ry s h a ll fu rn is h a copy of th e o rd e r of
rescission to the concerned DSWD Regional Office, which shaU
in tu rn provide copies to the petitioner, the concerned agencies
 11
and the concerned local civil registrar. Thereafter, the concerned
local civil registrar shall cancel the new certificate of birth of the
adoptee, and restore the adoptee’s rectified b irth certificate
bearing the nam e/s of the biological parents, or the foundling
certificate, as the case may be.
Sec . 20. Effects of Rescission. - If the p e titio n for
re s c is s io n of a d m in is tr a tiv e a d o p tio n is g r a n te d by
th e S e c re ta ry , th e p a r e n ta l a u th o r ity of th e a d o p te e ’s
biological parents, if known, shall be restored if the adoptee
is still a m inor or incapacitated. The reciprocal rig h ts and
obligations of the adopter and the adoptee to each other shall
be extinguished.
Successional rig h ts shall re v e rt to its s ta tu s prio r to
adoption, b u t only as of the date of judgm ent of adm inistrative
rescission. V ested rig h ts acquired p rio r to a d m in istra tiv e
rescission shall be respected.
All the foregoing effects of rescission of adoption shall be
w ithout prejudice to the penalties imposable under the Revised
Penal Code if the crim inal acts are proven.
ARTICLE VII
Violations .and P enalties
S e c . 21. Violations a n d Penalties. - The pen alty of
im prisonm ent ranging from six (6) years and one (1) day to
twelve (12) years and/or a fine not less th a n Two h un d red
thousand pesos (P200,000.00) a t the discretion of the court
shall be imposed on any person who shall commit any of the
following acts;
(a) O btaining consent for an adoption through coercion,
undue influence, fraud, improper m aterial inducement, or other
sim ilar acts;
12
(b) Noncompliance w ith the procedures and safeguards
provided by law for the adoption; or
(c) Subjecting or exposing the child to be adopted to danger,
abuse, or exploitation.
ARTICLE VIII
F inal p r o v is io n s
Se c . 22. In fo rm atio n D issem ination. - The DSWD,
in coordination w ith th e D e p a rtm e n t of th e In te rio r a n d
Local G o vernm ent (DILG), th e D e p a rtm e n t of E d u catio n
(DepEd), the D epartm ent of H ealth (DOH), various national
leagues of local governm ent units, the Council for the W elfare
of C hildren (CWC), and the Philippine S tatistics A uthority
(PSA), shall dissem inate to the pubhc inform ation regarding
this Act and its im plem entation.
S e c . 23. Im plem enting Rules a n d Regulations. - The
Secretary, after due consultation w ith the PSA, the DILG,
the D epartm ent of Justice (DOJ), and the CWC, together w ith
representatives from the Association of Local Civil R egistrars,
child-caring and child-placing agencies, and child’s rights civil
society organizations, shall issue rvdes and regulations for the
effective im plem entation of this Act w ithin sixty (60) days from
its effectivity.
S e c . 24. Repealing Clause. - Section 22 of Republic Act
No. 8552 is hereby repealed. All other laws, decrees, letters of
instruction, executive issuances, resolutions, orders or p a rts
thereof which are inconsistent w ith the provisions of this Act
are hereby repealed, modified, or amended accordingly.
S e c . 25. S eparability Clause. - If any provision or
p a r t of th is A ct is d e c la re d u n c o n s titu tio n a l or in v a lid ,
the rem aining p a rts or provisions not affected shall rem ain in
full force and effect.
 13

S e c . 26. Effectivity. - This Act shall take effect fifteen

(15) days after its publication in th e Official Gazette or in a
new spaper of general circulation.

proved,

V lC W l E Cl. SO ITO III GLORIA MACAPAGAL-ARROYO

President o f the Senate Speaker o f the House
o f Representatives

This Act which is a consohdation of House Bill No. 5675

a n d S e n a te B ill No. 2081 w as p a s se d by th e H ouse of
R epresentatives and the Senate on December 12, 2018 and
December 13, 2018, respectively.

MYRA MARIE D. VlLLARICA DAN ROBEptro P. MAUNG

Secretary of the Senate Ac g Secretary General
buse o f Representatives

Approved: FEB Z 1 2019

RODKiGO ROA DUTERTE

President of the Philippines

REPUBLIC OP THE PHILIPPINES

PRRD 2016 - 009775