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Simulation Of Births, Substitution Of One Child For Another And Concealment Or Abandonment Of A Legitimate Child


ART.347

Acts punished:

1. Simulation of births
   
      ELEMENTS:
      a) The child is baptized or registered in the Registry of
          birth as the offender’s;
      b) The child loses its real status and acquires a new one; and
      c) The offender’s purpose was to cause the loss of any trace
          as to the child’s true filiation.

2. Substitution of one child for another, or

3. Concealing or abandoning any legitimate child w/ the intent 
    to cause such child to lose its civil status.
 
      ELEMENTS:
      a) The child must be legitimate;
      b) The offender conceals or abandons such child; and
      c) The offender has the intent to cause the child to lose
          its civil status.


The fact that child will be benefited by simulation of birth is
not a defense since it creates a false status to the detriment of
members of family to which the child is introduced

Father who sells child is not liable under this article since
there is no abandonment.

Illustration:

   People who have no child and who buy and adopt the child
   without going through legal adoption.

   Same is true even if the child was kidnapped but they knew
   that the kidnappers are not the real parents of the child.

   When the real parents make it appear in the birth certificate
   that the parents who bought the child are the real parents.

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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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