PLEADINGS AND AUTHORITIES

I. THE DONOR IS THE MOTHER OF THE CHILD HENCE THE SURROGATE

MOTHER SHOULD NOT BE GRANTED PARENTAL AUTHORITY.

What is surrogacy?
A. THE DONOR-MOTHER IS THE BIOLOGICAL PARENT OF THE CHILD FROM
THE MOMENT OF FERTILIZATION EVEN PRIOR TO GESTATIONAL
SURROGACY.

The donor-mother is already considered a parent as established in Philippine

jurisprudence prior to implanting. In the case of Imbong v. Ochoa, no less than the

Supreme Court held that life of an unborn child begins in fertilization and not from

gestation. This case is instructive because ________. According to a study by ___________,

the scientific procedure involves____________. In this case,____________. Hence, given that

the fertilized egg is already an unborn child, the donor-mother is considered the

biological parent of that unborn child even prior to gestational surrogacy.

B. THE DNA AND BLOOD TEST BETWEEN THE SURROGATE-MOTHER AND

THE CHILD YIELDS A CONCLUSIVE PROOF OF NON-FILIATION.

C. AS A NATURAL LEGAL CONSEQUENCE NON-FILIATION, THE SURROGATE-

MOTHER IS NOT ENTITLED UNDER THE LAW TO EXERCISE PARENTAL
RIGHTS.
II. THERE IS AN ABSENCE OF LAW ON SURROGACY. HENCE, THE BEST
INTEREST OF THE CHILD SHOULD BE OF PARAMOUNT
CONSIDERATION.
A. AN ABSURD SITUATION ARISES WHEN IN THE GENETIC MOTHER DOES
NOT HAVE PARENTAL AUTHORITY OVER THE CHILD..

B. IN THE ABSENCE OF LAW, NO RIGHTS ARE CONFERRED TO THE

SURROGATE MOTHER.

C. PUBLIC POLICY HAS ALWAYS BEEN THAT THE CHILD BE BROUGHT UP BY

ITS NATURAL PARENTS.

D. THE PARENTAL PREFERENCE RULE STATES THAT THE PROPER PERSON

ENTITLED TO THE CUSTODY OF THE CHILD.

III. PROTECT RIGHT OF DONOR (ESPECIALLY WHEN THE SURROGACY

PROCESS WAS DONE WITH THE PROCESS OF ADOPTION THEREBY
REVOKING COMPLETELY THE PARENTAL AUTHORITY OF THE
SURROGATE MOTHER).

IV. ASSUMING WITHOUT CONCEDING: TO SOME DEGREE TO PROTECT

WOMEN AND CHILD FROM EXPLOITATION (SURROGATE MOTHER-
WE GIVE THEM STANDING XPN: THAT DOES NOT SERVE THE BEST
INTEREST OF THE CHILD).