Ikaw ba ay inampon o nag-ampon?
Hi, share ko lang ang nabasa ko tungkol sa pagaampon sa Pilipinas 👶👶
Halos lahat daw ng pag-aampon (domestic adoption) sa Pilipinas ay impormal.
Ang tawag sa impormal na pag-aampon ay "Simulation of Birth".
At ang birth certificate ay "Simulated Birth Certificate".
Illegal ang Simulation of Birth at may parusa ayon sa batas:
"Simulation of birth is punishable under Article 347 of the Revised Penal Code and Section 21(b) of the Domestic Adoption Act."
"SIMULATED BIRTH CERTIFICATE meaning, the tampering of the civil registry making it appear in the birth records that a certain child was born to a person who is not his/her biological mother, causing such child to lose his/her true identity and status."
"Any person who shall cause the fictitious registration of the birth of a child under the name(s) of a person(s) who is not his/her biological parents(s) shall be guilty of simulation of birth, and shall be punished by prison mayor in its medium period and a fine not exceeding fifty thousand pesos (Php50,000.00)
"Previously, however, under Section 22 of the Domestic Adoption Act, the "parents" could legitimize the relationship by formally adopting the ampon and asking for Rectification of Simulated Birth at the same time, and by doing so, avoid criminal liability as well".
Section 22, states:
"Rectification of Simulated Births- A person who has, prior to the effectivity of this Act, simulated the birth of a child shall 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 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 specified in Article IV of this Act and other requirements as determined by the Department (of Social Welfare and Development)."
"The trouble lies in the periods of time fixed by the law".
"Since R.A. No. 8552 took effect on 22 March 1998, this means that:
1. Simulated births made after 22 March 1998 may not be "rectified"; and
2. The five year period for filing a Petition for Adoption with Rectification of Simulated Birth ended in March 2003. "
܀܀܀܀܀܀܀܀܀܀܀܀܀
Mga maaring mangyayari sa ganitong klase ng pag-aampon:
. Pwede magpetition ang kamag-anak na pawalan ng bisa ang pagkaka-ampon sa bata kung ikaw ay namatay.
. Maaring kunin ng kamag-anak ang pamana mo sa bata dahil hindi legal ang pagkaampon.
. Maari pa din kunin ng tunay na magulang ang bata.
. Hindi talaga mag-ina sa mata ng batas.
. at marami pang iba.
Papaano kaya kung pareho ng patay♰ ang nag-ampon?
Sino pa ang mag-rectify ng adoption 😕?!
Para sa karagdagan pagbabasa,
http://www.spaslaw.com/2007/08/25/ampon-the-dilemma-of-simulated-births/
"ampon ko sya. pinalagay namin sa birth certificate nya na kami ang magulang"
Halos lahat daw ng pag-aampon (domestic adoption) sa Pilipinas ay impormal.
Ang tawag sa impormal na pag-aampon ay "Simulation of Birth".
At ang birth certificate ay "Simulated Birth Certificate".
Illegal ang Simulation of Birth at may parusa ayon sa batas:
"Simulation of birth is punishable under Article 347 of the Revised Penal Code and Section 21(b) of the Domestic Adoption Act."
"SIMULATED BIRTH CERTIFICATE meaning, the tampering of the civil registry making it appear in the birth records that a certain child was born to a person who is not his/her biological mother, causing such child to lose his/her true identity and status."
"Any person who shall cause the fictitious registration of the birth of a child under the name(s) of a person(s) who is not his/her biological parents(s) shall be guilty of simulation of birth, and shall be punished by prison mayor in its medium period and a fine not exceeding fifty thousand pesos (Php50,000.00)
"Previously, however, under Section 22 of the Domestic Adoption Act, the "parents" could legitimize the relationship by formally adopting the ampon and asking for Rectification of Simulated Birth at the same time, and by doing so, avoid criminal liability as well".
Section 22, states:
"Rectification of Simulated Births- A person who has, prior to the effectivity of this Act, simulated the birth of a child shall 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 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 specified in Article IV of this Act and other requirements as determined by the Department (of Social Welfare and Development)."
"The trouble lies in the periods of time fixed by the law".
"Since R.A. No. 8552 took effect on 22 March 1998, this means that:
1. Simulated births made after 22 March 1998 may not be "rectified"; and
2. The five year period for filing a Petition for Adoption with Rectification of Simulated Birth ended in March 2003. "
܀܀܀܀܀܀܀܀܀܀܀܀܀
Mga maaring mangyayari sa ganitong klase ng pag-aampon:
. Pwede magpetition ang kamag-anak na pawalan ng bisa ang pagkaka-ampon sa bata kung ikaw ay namatay.
. Maaring kunin ng kamag-anak ang pamana mo sa bata dahil hindi legal ang pagkaampon.
. Maari pa din kunin ng tunay na magulang ang bata.
. Hindi talaga mag-ina sa mata ng batas.
. at marami pang iba.
Papaano kaya kung pareho ng patay♰ ang nag-ampon?
Sino pa ang mag-rectify ng adoption 😕?!
Para sa karagdagan pagbabasa,
http://www.spaslaw.com/2007/08/25/ampon-the-dilemma-of-simulated-births/
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