Guidelines on Adoption

   


Date:    1998

Source:    DWSD

Subject:    Adoption Proceedings in Relation to Simulated Birth

Text:

Procedures in the Cancellation of Simulated Birth Certificate

A.  DSWD

  1. Inform DSWD-CPC or FO, whoever is applicable, regarding the physical custody of the child with a particular person and the fact of the registration of a simulated birth certificate.

  2. Assessment of the present custodian/s of the minor by DSWD to prove the following the issues:
    -The circumstances of the physical custody of the child and how it came     about;
    -That the child was raised as a biological child of the custodian/s;
    -The registration of simulated birth certificate was done for the best interest of the child; and
    -That the custodian intend to legally adopt the minor concerned within the amnesty period.

  3. For DSWD to further investigate that the simulation of the birth certificate was done before March ____ 1999.

  4. That the legalization of adoption is to be carried out within 5 years from March 1999.

  5. Custodian/s to obtain an NSO certified copy of the Simulated Birth Certificate.

  6. Custodian/s to contact lawyer to file a petition for the cancellation of the simulated certificate of live birth before the Regional Trial Court where the simulated birth certificate was registered.

  7. Court will require publication of notice of hearing.

  8. Case Study Report from DSWD

    -Case Study to focus only on the fact that:
    (a) the child was treated as the biological child of the custodian/s;
    (b) the couple has the intention to legally adopt the child;
    (c) the circumstances of simulation of birth (no further details); and
    (d) the registration of the Simulated Certificate of Live Birth was done for the best interest of the child.

  9. Proof that custodian/s are not the mother/father of the child.

  10. After the court decision is rendered and has become final, register the petition with the local register where the court is situated in order to annotate the cancellation of the simulated Certificate of Live Birth.

  11. To ensure that the document was forwarded to NSO, go to the Local Civil Registrar where the authenticated birth certificate was registered. Ask for transmittal number, the date or whatever code number they have.

  12. Register with LCR where the decision for cancellation was rendered. Bring copies of the following documents:

    - Certificate of Finality
    - CTC of the court decision
    - Photocopy of the simulated birth certificate

 

   
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