Wednesday Weirdness: Greed For Adoptee’s Money

Welcome to Wednesday Weirdness, a recurring theme where we post something truly weird and wacky in adoption or child welfare.

This is an advice column from the Philippines. Falsified birth certificate?

“Dear PAO,
I am an adopted child of my known-mother. I only knew of such fact when my mother died. Her name is the name written under the mother’s information in my birth certificate and I have been using her surname as mine. There is no name written under the father’s information. My mother did not get married and has no other child but left several properties, now being claimed by her siblings who alleged a better right. They already filed a petition for the annulment of my birth certificate. I would like to ask what would happen to me if the petition is granted.
JM

Dear JM,
You stated that you were only adopted by your known-mother but you only knew of such fact when she died. Also, you have been using her surname as she is your mother in your birth certificate. According to you, your birth certificate is now a subject of a petition for cancellation which was filed by the siblings of your known-mother. To our mind, it appears that the petition is based on simulated information in your birth certificate as when it was made to appear that you are the child of your known-mother without the proper documents for legal adoption. Adoption is a process wherein a child becomes a legitimate child of the adopter/s. Accordingly, the adopted child shall be entitled to all the rights of a legitimate child namely: to use the surname of his mother and father; to receive support from the parents and ascendants; and to inherit the estate of his deceased parents (Article 174, Family Code, Section 17, R.A. 8552 otherwise known as the Domestic Adoption Act of 1998). There are no short cuts in adoption, as the adoptive parents must undergo the appropriate process for the child to become their legitimate child. The simulation of birth or the falsification of the information at the birth certificate to make it appear that a person is the biological child of the named-parents is prohibited and constitutes a criminal act. This crime is called simulation of birth, which is punishable under Article 347 of the Revised Penal Code. A person found guilty of the crime may be imprisoned for 6 years and 1 day to 12 years (prision mayor) and a fine not exceeding P1,000. In your situation, your known-mother may have been the person who furnished the wrong information to the local civil registry to make it appear that you are her child. She might have resorted to short cuts in order to evade the process of adoption. But, she could no longer be held liable for this considering that she is already dead.

If it is proved that you are not a biological or legally adopted child of your known-mother or that the birth certificate is simulated, the court shall order the cancellation thereof. As a consequence, you will lose all the rights entitled to a child, legitimate or illegitimate, of your known-mother. Moreover, the cancellation shall mean that you have no more record of your birth at the local civil registry. Nevertheless, you may file for late registration of your birth at the local civil registry of the place where you were born. In the event that you find out your real parents, you may report the same to said office by way of supplement. As to the properties of your known-mother, the entire estate shall be distributed to her siblings considering that she has no surviving spouse and children, either legitimate or illegitimate.

We wish to remind you that the above legal opinion is solely based on our appreciation of the problem that you have stated. The opinion may vary when other facts are elaborated.”

File for late registration of birth
[Manila Times 12/3/11 by Persida Acosta]