Wednesday, December 07, 2005

Adoption and simulation of birth

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What is the difference between adoption and simulation of birth?

Adoption is the legal process by which a child becomes the legitimate child of the adopting person/s. The law which governs domestic adoption is Republic Act 8552 or the Domestic Adoption Act of 1998.

Simulation of birth on the other hand occurs when a childless couple, for example, comes into possession of a baby or child, given to them by a midwife, an unwed mother or a relative, and this couple then applies for a birth certificate, making it appear that the baby or child is their biological offspring. Under RA 8552, simulation of birth is a criminal offense punishable by eight years imprisonment and a fine of fifty thousand pesos.

5 comments :

alexieighteen said...

Dear Atty. Galacio,

Good day!

Actually, i would like to be clarified on this particular topic. Is a child adopted through "simulation of birth" be considered as a legal heir?

You see my uncle, who died last year, was single when he adopted through "simulation of birth" a child. The mother's name my uncle used on the child's birth certificate was his own mother (my grandmother). So there's really a lot of confusion there...

Now that he passed away, his surviving sisters (parents dead also) are planning to sell the property he left behind claiming that they are the legal heirs.

The child is only 9 years old and is under our custody. My husband and I are planning to adopt him legally.

My husband is saying that my uncle's sisters cannot disposed the property because it is the child that has become the owner of it being the heir. Is he correct? Does the child become the legal heir even if his adoption is considered an illegal practice? If he is, how can we dispose of the property then?

I hope you can give me your opinion on this. Thank you.

Atty. Gerry T. Galacio said...

1. Thanks for browsing my blog. My main website is www.familymatters.org.ph and "Better English for Filipinos" at www.betterenglish.org.ph . Around this website, I have several blogs, namely "Salt and Light" at www.-salt-and-light-.blogspot.com (articles on relationships, marriage, family); "Baptist Churches in the Philippines" at www.baptist-rp.blogspot.com ; "Legal Updates" at www.famli.blogspot.com ; and "Campus Connection" at www.campusconnection.blogspot.com (youth-oriented articles including photography).
2. Please read the Supreme Court decision in TEOFISTA BABIERA Vs. PRESENTACION B. CATOTAL. The Supreme Court ruled that a birth certificate may be ordered cancelled upon adequate proof that it is fictitious. Thus, void is a certificate which shows that the mother was already fifty-four years old at the time of the child's birth and which was signed neither by the civil registrar nor by the supposed mother. Because her inheritance rights are adversely affected, the legitimate child of such mother is a proper party in the proceedings for the cancellation of the said certificate.
This means that your uncle’s sisters can file for the cancellation or voiding of the birth certificate of the simulated child. Thus, the simulated child may not be able to inherit anything.
HOWEVER, you can try to make use of a novel or creative approach. Since the simulated child did not have any thing to do with the simulation and that he was really a victim, there may be lawyers who are creative enough to file a case for damages against the ESTATE of the uncle. This means the boy was damaged by the simulation and that therefore he must be compensated for such damages.
You may try to get free legal help from the Integrated Bar of the Philippines with chapters in cities (they are usually found in the Halls of Justice). Or you can try to get help from the OLA (Office of Legal Aid) of the UP College of Law, Diliman, Quezon City.

Anonymous said...

Dear Atty. Galacio,

A good day to you po. i just got married po uli after my annulment. ang problem ko ung dalawa kong daughter. since they were born po during the time na di pa naannul ang marriage ko, may legal impediment. anak ko po cla sa second husband ko. id been separated po kc sa 1st husband ko for 15 years. and during those times nakilala ko ang father ng mga anak ko. Now my problem is how to make them legitimate. married na po ako this time sa papa nila but my kids status are still illegitimate. is it true that adoption is the answer? is there a case like this? adopting ur own bioligical children para malegitimize? if it is so po, then how long will it take po, i mean the proceedings? my husband is an ofw, does he really needs to appear during the proceedings too? kulang po kc sa time kung matatagalan p. he is only allowed a month leave every year. at the moment po ang ang birth certificate nila ay may acknowledgement ng father nila. so they were able to use his surname but still illegitimate pa rin cla. gusto po kc namin magasawa na maiayos na lahat pati lagay ng mga kids. we are planning to have a family reunion in his place of work. and i worry baka di rin iallow ang mga kids for petition pag ganito ang status nila. thank you very much po sa generosity mo sa mga taong nangangailangan ng advice mo. malaking tulong po ito. God bless you!

Atty. Gerry T. Galacio said...

As you already know, legitimation cannot take place since there was a legal impediment on your part. This means that it is only by adoption that your daughters can become legitimate.

There is an even bigger problem you have to confront. Since your daughters were born before your marriage was declared null and void, they are presumed to be your children with your former husband. This is true even if your daughters are carrying their biological father’s surname. Please read the 2005 Supreme Court decision in the case of Gerardo Concepcion vs. Court of Appeals and Ma. Theresa Almonte (G.R. No. 123450, August 31, 2005). Your situation will not fall under this Supreme Court decision only if you can prove that there was an impossibility for sexual relations to have occurred between you and your former husband (for example, you were in the Philippines and he was in another country).

Anonymous said...

Thank you ,attorney, for shedding light on this matter. it makes my heart break as a mother that it can't be helped. and blame my self for putting them in this situation. all that I wanted now is to put things into order and have a chance of having a happy married life. i thought having my marriage annulled is the only solution and everything follows. maybe i ought to find a good lawyer to handle this case and keep my fingers crossed. thank you again for your advise. God bless you more!!