Text of the provision

Sec. 22. Rectification of Simulated Births. – A person who has, prior to the effectivity of this Act, simulated the birth of a child shall not be punished for such act: Provided , That the simulation of birth was made for the best interest of the child and that he/she has been consistently considered and treated by that person as his/her own son/daughter: Provided, further, That the application for correction of the birth registration and petition for adoption shall be filed within five

(5) years from the effectivity of this Act and completed thereafter: Provided, finally, That such person complies with the procedure as specified in Article IV of this Act and other requirements as determined by the Department.

Domestic Adoption Act of 1998, Republic Act No. 8552 (1998). Reproduced in full from the official enactment and verified word-for-word against the LawPhil and ChanRobles renderings.

What this section means

Someone who simulated a child’s birth before this Act took effect is not punished, provided the simulation was for the child’s best interest and the child has been consistently treated as his or her own. The person must file the application to correct the birth registration and the adoption petition within five (5) years from the Act’s effectivity, complete them afterwards, and follow the adoption procedure and the Department’s requirements.

Related provisions

Cases citing this section

Note. The text above is reproduced in full from Republic Act No. 8552, verified against the LawPhil and ChanRobles renderings. The annotation around it is the work of Vivas & Nobles Law Office and is general legal information, not legal advice. How a provision applies to a particular situation depends on facts that only a lawyer reviewing your case can assess.