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Status of Adopted Child upon reaching the Age of Majority

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Channy


Arresto Menor

Hello Attorney, I just have something to be clarified at. I hope you could help me with this.

I just want to know what will happen to those Adopted Children upon reaching the age of majority. Can you tell me everything about it, every corner of a decagon.

This will really help us. THANKS!  Smile 

Channy


Arresto Menor

In the case of Legal Adoption and Simulation of Birth. I hope you could help us ... I know can Smile THANKS

concepab

concepab
Reclusion Perpetua

What is your point or question? Adoption is the legal process and simulation of birth is the other way around..

Channy


Arresto Menor

I know the difference of the two. What I mean is, What will happen to Adoptees (Legally Adopted and a Child by Simulation of Birth) upon reaching the Age of Majority.

concepab

concepab
Reclusion Perpetua

He/She will remain as your legally adopted child. Wala naman pong expiration yun. If the adoption was done through simulation, you can rectify it under Section 8 rules on adoption;

Section 8. Rectification of Simulated Birth. – In case the petition also seeks rectification of a simulated of birth, it shall allege that:

(a) Petitioner is applying for rectification of a simulated birth;

(b) The simulation of birth was made prior to the date of effectivity of Republic Act No. 8552 and the application for rectification of the birth registration and the petition for adoption were filed within five years from said date;

(c) The petitioner made the simulation of birth for the best interests of the adoptee; and

(d) The adoptee has been consistently considered and treated by petitioner as his own child.

Channy


Arresto Menor

If you say so, am I still capable together with my adoptive parents in applying for the extended rectification by the state? (Before I forgotten I am a Child by Simulation of Birth) even if I already reached the Age of Majority, because as far as my knowledge is concern the term addressed in Adoption Law was "Child" and Child ages only 18 backwards.

concepab

concepab
Reclusion Perpetua

Section 22 of RA8552 clearly stated who can rectify the simulation. so if the simulation happened before 1998, you can, otherwise no. but try to approach a lawyer expert in this field, may be there is a way.

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