RES GESTAE
Legal adoption and its advantages (3)
(A series of thoughts and perspectives about legal adoption and birth simulation)
Obviously, as in the case of my friend, Mark, the ultimate person who will be affected by birth simulation is the child itself.
The issues on legitimacy of the child and succession are two common sources of headaches for the child whose birth was simulated. Basically, however, the question of identity is at the bottom of these issues.
The child who is either a “victim” or “beneficiary” of birth simulation will be suffering from “identity” crisis. It is because a simulated birth certificate is null and void. It won’t give the child its true identity.
The Department of Social Welfare and Development has been emphatic in its campaign against birth simulation to preserve the child’s identity.
In fact, last month, in the country’s observance of Adoption Consciousness Week, the theme, “Isulong: Legal na pag-aampon, hindi simulation”, echoes the call.
It is encouraged that married couple or any person who is qualified to adopt a child must opt to legal adoption to ensure a brighter future of the child.
Why is that so? By adoption, we mean a “socio-legal process of providing a permanent family to a child whose parents have voluntarily or involuntarily relinquished parental authority over the child.” The adoption will have therefore the following effects:
* Parental authority – All legal ties between the biological parent(s) and the adoptee shall be severed and the same shall then be vested on the adopter(s), except in cases where the biological parent is the spouse of the adopter.
* Legitimacy – The adoptee shall be considered the legitimate son/daughter of the adopter(s) for all intents and purposes. He/she is entitled to all the rights and obligations provided by law to legitimate sons/daughters. He/she is entitled to love, guidance, and support in keeping with the means of the family.
* Succession – Adoption the adopter(s) and the adoptee reciprocal rights of succession without distinction from legitimate filiation. Adopter and adoptee has the right to be legal and compulsory heirs of each other.
Logically, birth simulation cannot have these effects. This is the reason that the problems concerning legal rights over inheritance are common scenarios after the death parent/s of the child whose birth was simulated.
Therefore, if the prospective adoptive parents truly love the child, they must not think twice of taking the right way, that is, adoption and not birth simulation. This is one way they can protect their child even after their death.
(If you wish to share your stories of legal adoption or birth simulation, send text message to 09202230577 or rogatepnp@yahoo.com.)
