A Proposal on the Legalization of Surrogacy in the Philippines
Background, Context, and Problem Setting
Pregnancy is a choice, but unfortunately, infertility is not. There are several instances
wherein married couples have been deprived of the joy of conceiving a child due to the
infertility of either the mother, father, or both parents.
Infertility is defined by the American Society for Reproductive Medicine as the inability
to conceive after twelve months of unprotected intercourse.1 This condition affects an
estimated 15% of couples globally, which amounts to about 48.5 million couples.2
As a solution to this issue, Assisted Reproductive Technology (ART) has been
developed to give hope to the infertile couples.3 The two common methods or types of ART
are Intrauterine Insemination (IUI) and In Vitro Fertilization (IVF). Both fertilization methods
require a surrogate mother or a woman who becomes pregnant by artificial insemination4.
There are two types of surrogacy—traditional surrogacy and gestational surrogacy. Traditional
surrogacy requires the surrogate mother to be artificially inseminated by the sperm of the
intended father through IUI. Gestational surrogacy, on the other hand, involves a process
wherein the mature egg and sperm cells of both intended parents are fertilized to become an
embryo in a laboratory and is then transferred to the uterus of the surrogate mother.5
Because of the rise of infertility rates worldwide, aspiring yet infertile parents are in
search of a surrogate mother. However, the introduction of surrogacy into our society imposed
a multitude of social, ethical, and legal affairs.3 The increase in surrogate activity had led to
the creation of laws that should protect the rights of the parties involved—the intended parents,
the child, and surrogate mother.
The legalization of surrogacy varies from country to country. Countries such as the US
(except Louisiana, Michigan, and New York)6, India, Thailand, Ukraine, Russia, Mexico, Nepal,
Poland and Georgia allow surrogacy arrangements.7 Yet, there is still a dilemma. Being a
surrogate is deemed to be a burdensome role. Surrogates are subject to significant medical
and emotional risks from carrying a pregnancy and undergoing a delivery.3 This would prompt
infertile parents to find and make a deal with a surrogate through other means such
commercial surrogacy or the arrangement of remunerating a surrogate mother for her
services .3,8 Although the aforementioned countries agrees to this practice, there are several
countries which generally considers commercial surrogacy as an illegal practice because it
exploits children. Maud de Boer-Buquicchio, a Dutch Jurist and the United Nations’ (UN)
special rapporteur on the sale of children child prostitution, and child pornography, states,
“There is no right to have a child under international law,” she adds, “Children are not goods
or services that the State can guarantee or provide. They are human beings with rights.”9
Countries that ban commercial surrogacy include France, Germany, Italy, Spain, Portugal,
Bulgaria.7
1
American Society for Reproductive Medicine, Defining Infertility, available at https://www.reproductivefacts.org/news-and-
publications/patient-fact-sheets-and-booklets/documents/fact-sheets-and-info-booklets/defining-infertility/ (last accessed on
November 23, 2019)
2
Reproductive Biology and Endocrinology, A unique view on male infertility around the globe, available at
https://www.researchgate.net/publication/275666399_A_unique_view_on_male_infertility_around_the_globe (last accessed on
November 23, 2019)
3
Hindawi Obstetrics and Gynecology International, The Ethical, Legal, and Social Issues Impacted by Modern Assisted
Reproductive Technologies, available at https://www.hindawi.com/journals/ogi/2012/686253/ (last accessed on November 23,
2019)
4
Merriam Webster Dictionary, Surrogate Mother, available at https://www.merriam-
webster.com/dictionary/surrogate%20mother (last accessed on November 23, 2019)
5
Human Rights Campaign, Overview of the Surrogacy Process, available at https://www.hrc.org/resources/overview-of-the-
surrogacy-process (last accessed on November 23, 2019)
6
Creative Family Connections, Gestational Surrogacy Law across the United States, available at
https://www.creativefamilyconnections.com/us-surrogacy-law-map/ (last accessed on November 23, 2019)
7
BBC, Surrogate babies: Where can you have them, and is it legal?, available at https://www.bbc.com/news/world-28679020
(last accessed on November 23, 2019)
8
Surrogates, What is commercial surrogacy?, available at https://surrogate.com/about-surrogacy/types-of-surrogacy/what-is-
commercial-surrogacy/ (last accessed on November 23, 2019)
9
United Nations Human Rights, Children risk being “commodities” as surrogacy spreads, UN rights expert warns, available at
https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=22763&LangID=E (last accessed on November 23,
2019)
Background of Surrogacy in the Philippines
Legislators in the Philippines had several attempts in proposing a bill regarding the
country’s stand on surrogacy. However, since then, it appears that the legislators have no
clear stand regarding the matter. Senate Bill No. 1342 (14th Congress) advocates for the
provision of assistance by health plan or insurance agencies to the treatment of infertile
beneficiary in the form of Assisted Reproductive Technologies (ART). ART includes in vitro
fertilization, gamete intrafallopian transfer, zygote intrafallopian transfer, embryo
cryopreservation, egg or embryo donation, and the even the focus of this proposal—
surrogate birth.10 Contradicting the provisions of this bill is Senate Bill No. 2344 (13th
Congress) which prohibits surrogacy, defining it as an act of “transforming human
reproduction into a purely utilitarian enterprise”. The bill further implies that the practice of
surrogacy arrangement is morally and religiously wrong.11 Both bills have failed to be
enacted as laws.
10
Sen. Miriam Defensor-Santiago, Family Building Act of 2007, available at https://www.senate.gov.ph/lisdata/56425039!.pdf (last
accessed on November, 23 2019)
11
Sen. Manny Villar, An Act Prohibiting Surrogate Motherhood Including Infant Selling and Providing Penalties Therefore,
available at https://www.senate.gov.ph/lisdata/54884531!.pdf (last accessed on November 23, 2019)
