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Natural-born Filipino status for foundlings signed into law


President Rodrigo Duterte has signed a law deeming foundlings natural-born Filipino citizens.

The law, titled Foundling Recognition and Protection Act or Republic Act 11767, provides that a foundling found in the Philippines and/or in Philippine embassies, consulates and territories abroad, is presumed a natural-born Filipino citizen, regardless of the status or circumstances of birth.

The law defines foundling as a deserted or abandoned child or infant with unknown facts of birth and parentage.

Likewise, the law states that a foundling also includes those who have been duly registered as a foundling during her or his infant childhood but have reached the age of majority without benefiting from adoption procedures upon the passage of the new law.

"As a natural-born citizen of the Philippines, a foundling is accorded with rights and protections at the moment of birth equivalent to those belonging to such class of citizens whose citizenship does not need perfection or any other act," the law, signed May 6 but was only released on Tuesday, May 17, read.

"The presumption of natural-born status of a foundling may not be impugned  in any proceeding unless substantial proof of foreign parentage is shown," the law added.

Further, the law states that the natural-born status of a foundling will not be affected by the fact that the birth certificate was simulated, or that there was absence of a legal adoption process, or that there was inaction or delay in reporting,  documenting,  or registering  a foundling.

In the event that the biological parents cannot be identified and located, the foundling shall be declared legally available for adoption subject to existing laws, rules, and regulations  and taking into  consideration the best interest of the child.

In the run-up to the 2016 elections, Senator Grace Poe's natural-born Filipino status was questioned all the way to the Supreme Court because she was a foundling who was adopted by Fernando Poe Jr. and Susan Roces.

The Supreme Court allowed Poe to run but did not explicitly say she was a natural-born Filipino. — BM, GMA News