Query: What steps should be taken if an adoption was not properly registered with the NSO, leaving the adopted individual with only the original birth certificate?
In the Philippines, the finalization of an adoption is a crucial step that involves the issuance of a new birth certificate for the adopted child. This new certificate should reflect the adoptee's new name and the names of the adoptive parents, replacing the original birth certificate that lists the biological parents. However, complications arise when the adoption process is not properly registered with the Philippine Statistics Authority (PSA), formerly known as the National Statistics Office (NSO).
Legal Framework and Procedures:
- Adoption Process: The adoption is finalized through a court order. After this, the Local Civil Registry Office (LCRO) where the adoption was decreed must submit an annotated copy of the birth certificate and adoption order to the PSA.
- Role of the PSA: Upon receipt, the PSA updates their records, issuing a new birth certificate for the adopted individual.
Common Issues and Solutions:
- Non-Submission of Documents: Sometimes, the LCRO fails to submit the required documents to the PSA, leading to discrepancies in official records.
- Action: The adoptive parents or the adoptee should request a certified copy of the adoption order and the amended birth certificate from the LCRO. These documents must then be submitted to the PSA for proper registration and issuance of the new birth certificate.
- Verification: It is advisable to verify with both the LCRO and the PSA that the records have been updated. This ensures that all governmental and official records reflect the change.
Steps to Address the Issue:
- Obtain Copies of the Adoption Decree: Secure a certified copy of the adoption decree from the court that granted the adoption.
- Check with Local Civil Registry: Ensure that the LCRO has the adoption order and the amended birth certificate. If not, submit the necessary documents.
- Submission to PSA: Personally submit or mail the certified court decree along with the amended birth certificate to the nearest PSA office. Follow up regularly to confirm that the changes are made.
- Legal Assistance: If the process encounters significant delays or legal complexities, consulting a lawyer who specializes in family or adoption law can provide guidance and help expedite the process.
Importance of Correct Registration: Proper registration is crucial for the legal recognition of the adoptee’s identity and rights. It affects various aspects of life, including schooling, employment, marriage, and inheritance. Ensuring that the adoption is correctly registered reaffirms the legal status and rights of the adopted individual within their adoptive family.
This procedure not only secures the rights of the adopted child but also aligns with the principles of providing clear, trustworthy, and authoritative information, supporting the needs and well-being of individuals in alignment with their legal and personal records in society.