GUIDELINES AND REQUIREMENTS

(Rectification of Simulated Birth and Procedure for Administrative

Procedure)

APPLICABLE LAW/RULE:

1. R.A. 1122 – An Act Allowing the Rectification of Simulated Birth Records

and Prescribing Administrative Adoption Proceedings for the Purpose
2. R.A. 9523 – An Act Requiring the Certification of the Department of Social
Welfare and Development (DSWD) to declare a Child Legally Available for
Adoption Proceedings
3. Implementing Rules and Regulations of R.A. 9523

BASIC REQUIREMENTS TO FULFILL:

1. Preparation of Requirements under R.A. 1122 and Filing of Petition with the
Office of the Social Welfare and Development Officer of the City where the
Child Resides
2. Preparation of Requirements under R.A. 9523 and Filing of Petition to
Declare a Child Legally Available for Adoption with the Regional Office of the
DSWD where the child was found (Issuance of CDCLAA).

I. REQUIREMENTS UNDER R.A. 11222

PRE-CONDITIONS (Sec. 4 and 5 of R.A.11222):

1. 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 her, his or their own daughter or son; and

2. Such person or persons has or have filed a petition for adoption with an
application for the rectification of the simulated birth record within 10 years
from the effectivity of R.A. 11222.

3. That the child has been living with the person for at least three (3) years
before the effectivity of R.A. 11222.

4. That a certificate declaring the child legally available for adoption (CDCLAA)
is issued by the DSWD in favor of the child.
PERSONAL QUALIFICATIONS (Sec. 7 of R.A. 11222)

Adopters must:
(1) Be Filipino citizens;
(2) Be of legal age;
(3) Possess full civil capacity and legal rights;
(4) Be of good moral character;
(5) Have not been convicted of any crime involving moral turpitude;
(6) Be emotionally and psychologically capable of caring for children;
(7) Be in a position to support and care for the child 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 application for rectification of simulated birth
record.

REQUIRMENT OF CONSENT (Sec. 8 of R.A. 11222)

The WRITTEN consent of the following shall be required:

(1) The adoptee, if ten (10) years of age or over;

(2) The legitimate and adopted daughters and sons, then (10) years of
age or over, of the adopter and adoptee, if any;
(3) The illegitimate daughters and sons, ten (10) years of age or over, of
the adopter if living with the said adopter and the latter’s spouse, if
any; and
(4) The spouse, if any, of the adoptee.

PETITION PROPER:

The petition for adoption with an application for rectification of simulated birth
record:

1. Shall be in the form of an affidavit and shall be subscribed and sworn to by the
petitioner or petitioners before any person authorized by law to administer
affirmations and oaths.

2. Shall state the facts necessary to establish the merits of the petition, and the
circumstances surrounding the simulation of the birth of the child.

3. The petition shall be supported by the following:

(a) A copy of simulated birth or foundling certificate of the child;

 (b) Affidavit of admission if the simulation of birth was done by a third
person;

(c) Certification issued and signed by the punong barangay attesting that the
petitioner or petitioners is a resident of the barangay, and that the child has
been living with the petitioner or petitioners for at least three (3) years prior
to the effectivity of R.A. 11222;

(d) 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 for at least three (3) years prior to the effectivity of R.A.
11222.

(e) CDCLAA issued by the DSWD. However, a CDCLAA is no longer be

required if the adoptee is already an adult or a relative of the adopter within
the fourth degree of consanguinity or affinity.

(f) Photographs of the child and the petitioner or petitioners taken within at
least three (3) months prior to the filing of the petition.

II. REQUIREMENTS UNDER R.A. 9523

SIGNIFICANCE:

 The declaration or certification that a “child is legally available for adoption”

is now issued by the DSWD through an administrative process. Formerly,
this was done by courts through a judicial process.

 The Certification issued by the DSWD shall be the sole basis for the
immediate issuance by the local civil registrar of a foundling certificate.

WHO SHALL FILE THE PETITION (Sec. 2 of R.A. 9523 and Sec. 6 of IRR):

1. The head or executive director of a licensed or accredited child-caring or

child-placement agency or institution managed by the LGU, NGO who has
actual custody of the child; or

2. Head or Executive Director of a licensed or accredited child-caring or child

placing agency;

3. Provincial, city or municipal Social Welfare Development Officer who has

actual custody of the child;
 In case of an individual who has actual custody of the child, the Regional
Office or Provincial/City/Municipal Social Welfare and Development Office,
licensed child caring agency or child placing agency can assist in filing the
petition. The Head of DSWD Center or Institution, Provincial/City/Municipal
Social Welfare and Development Officer of the Head of the licensed child
caring/placing agency shall file the petition for and in behalf of the
individual.

PETITION PROPER:

The Petition must be in the form of an affidavit, subscribed and sworn to and
must allege facts necessary to establish the merits of the petition and the
circumstances surrounding the neglect or abandonment.

The Petition must be supported by the following documents:

a. Social Case Study Report made by the DSWD, LGU, licensed or

accredited child-caring or child-placing agency or institution charged
with the custody of the child;

b. Proof that efforts were made to locate the parent or any known
relative of the child such as:

i. Written certification from a local or national radio or

television station that the case was aired on 3 different
occasions;

ii. Publication in 1 newspaper of general circulation;

iii. Police Report or barangay certification from the locality

where the child was found or a certified copy of a tracing
report issued by the PNRC, National Headquarters,
Social Services Division, which states that despite due
diligence, the child’s parents could not be found;

iv. Returned registered mail to the last known address of the

parent or known relatives, if any.

c. Birth certificate, if available;

d. Recent photograph of the child and photograph of the child upon

abandonment or admission to the agency or institution.
WHERE TO FILE:

The Petition shall be filed in the Regional Office of the DSWD where
the child was found or abandoned.