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SURROGATE/SURROGACY LAW
IN THE PHILIPPINES
Presented by: Zarah Jeanine M. Canuto and Anna Carmela Escalona
What is Surrogacy?
It is a method of assisted reproduction that helps intended parents start families when
they otherwise could not. Intended parents pursue surrogacy for several reasons and
come from different backgrounds.
Robynne Friedman defined surrogacy as Applies to parents who are unable to give
birth to a child because they are male, and to women who have a serious medical
condition which pregnancy will aggravate. Women who have had a hysterectomy or
those born without a uterus will also qualify.
Robynne Friedman is a surrogacy law specialist, attorney and chief adviser for
the Surrogacy Advisory Group
Source: Are you battling to conceive?, Sowetan South Africa (Lexis Nexis)
What is a surrogate mother?
A surrogate mother is a woman who agrees to carry someone
elses baby. She becomes pregnant using some form of assisted
reproductive technology, frequently IVF. The surrogate mother
carries the baby to term, gives birth, and the baby is released
from the hospital to the intended parents.
Types of Surrogacy
In traditional surrogacy, a surrogate mother is artificially inseminated, either by the
intended father or an anonymous donor, and carries the baby to term. The child is
thereby genetically related to both the surrogate mother, who provides the egg, and
the intended father or anonymous donor.
In gestational surrogacy, an egg is removed from the intended mother or an
anonymous donor and fertilized with the sperm of the intended father or anonymous
donor. The fertilized egg, or embryo, is then transferred to a surrogate who carries the
baby to term. The child is thereby genetically related to the woman who donated the
egg and the intended father or sperm donor, but not the surrogate. Some lesbian
couples find gestational surrogacy attractive because it permits one woman to
contribute her egg and the other to carry the child.
Traditional v. Gestational
Traditional surrogacy is more controversial than
Gestational surrogacy, in large part because the
biological relationship between the surrogate and the
child often complicates the facts of the case if parental
rights or the validity of the surrogacy agreement are
challenged. As a result, most states prohibit traditional
surrogacy agreements.
Kinds of Surrogacy Motherhood
An altruistic surrogate is one who selflessly volunteers her
reproductive services to another, without receiving any sort
of monetary gain in return. Altruistic surrogacy is interpreted as an
act of kindness and compassion. Some pregnancies conceived
through altruistic surrogacy are between family members, usually
sisters or mothers who volunteer their gestational services.
Commercial surrogacy is similar to a business agreement and
includes a contract between the surrogate and the intended
parents, which includes coverage of her medical costs and
payment for her services.
What are the requirements to be
surrogate?
According to The American Society for Reproductive Medicine
(provides guidelines to Intended Parents),
Gestational carriers be at least 21
have delivered a child previously
The carrier should have no more than five previous vaginal deliveries and
two previous caesarean deliveries.
Source: A special delivery by JENNA JONES STAFF writer, The Orange County Register (Lexis Nexis)
Methods of Artificial Fertilization
IVF (In Vitro Fertilization) - is a medical procedure wherein an
egg cell is retrieved from the mothers ovaries to be fertilized with
the sperm cell of the father in a laboratory dish. The resulting
embryo is implanted in either the mothers uterus or that of a
surrogate.
Artificial Insemination - is way of treating infertility. It involves
direct insertion of semen into a woman's womb. Intrauterine
Insemination (IUI) is the most commonly used method of artificial
insemination, and it is the method with the best success rate,
measured by the number of live births.
Process of Surrogacy
1. Initial Consultation
2. Officially Becoming an Intended Parent
3. Screening and Selection Process for an Egg Donor
4. Screening and Selection Process for a Surrogate
5. Medical Screening
6. Legal Agreements
7. Medical Process
8. Pregnancy
9. Legal Representation
10. Birth
Expenses and Compensation in
Different Countries
In USA, Intended parents spend about an average of
$100,000 to $150,000, which covers agency fees,
medical costs, health insurance, legal fees and
surrogacy compensation.
Source: A special delivery by JENNA JONES STAFF writer, The Orange County Register (Lexis Nexis)
On March 27, 1986, Mary Beth gave birth to a daughter, whom she named Sara
Elizabeth Whitehead. However, within 24 hours of transferring physical custody to the
Sterns, Mary Beth went to them and demanded that the baby be given back to her,
allegedly threatening suicide. Mary Beth subsequently refused to return the baby to the
Sterns and left New Jersey, taking the infant with her. The Sterns had the Whitehead
family's bank accounts frozen and sought warrants for their arrest.
The Case of Baby M
On March 31, 1987, New Jersey Superior Court Judge Harvey R. Sorkow formally
validated the surrogacy contract and awarded custody of Baby M to the Sterns under
a "best interest of the child analysis
On February 3, 1988, however, the Supreme Court of New Jersey, led by Chief
Justice Robert Wilentz, invalidated surrogacy contracts as against public policy but in
dicta affirmed the trial court's use of a "best interest of the child" analysis and
remanded the case to family court. On remand, the lower court awarded the Sterns
custody and Whitehead was given visitation rights.
Source: IN THE MATTER OF BABY M, A PSEUDONYM FOR AN ACTUAL PERSON Docket No. FM-25314-86E A-39-87 Superior Court of New Jersey, Chancery Division,
Family Part, Bergen County
A picture of
Baby M
Baby M
(Melissa
Stern) with
Biological
Father Mr.
William Stern
Surrogacy : Ethical or not?
The deep desire for a child does not justify the exploitation of another woman's body.
Children are not commodities to be bought and sold, and women are not containers
to be used as baby makers.
I suggest we call out this cruel business for what it is: trafficking in babies; reproductive
slavery; a violation of the human rights of both the birth mother and her offspring.
Can Surrogacy be Ethical? By Renate Klein, ABC Religion and Ethics,
http://www.abc.net.au/religion/articles/2015/05/18/4237872.htm
While there are many religious organizations that frown upon the process of surrogacy,
this concept is oftentimes the only option for some individuals to start a family. It is for
this reason that some highly controversial and key ethical issues be addressed.
Attachment with the Gestational Mother
Involvement with the Gestational Mother
Identity of the Child
Ethical Issues of Surrogacy, Modern Family Surrogacy Center,
http://www.modernfamilysurrogacy.com/page/surrogacy_ethical_issues
"It's taboo to discuss infertility because it puts you in a class or a
special category which is less than what is normal," Dr. Anthony
Marc B. Ancheta, section chief of reproductive medicine,
infertility and gynecologic endoscopy at The Medical City.
BusinessWorld, May 15, 2015 Friday, Pg. S4/11, 1258 words, Zsarlene B. Chua
Legitimacy of a child born to a
surrogate mother in the Philippines
Biologically, the child may carry the mother and fathers DNA, genes and traits (although
some scientists say the surrogates genes may be present as well), but the law recognizes as
mother only the woman who carried the child to term.
The law does not confer upon A and B (the donor parents) the right to claim parental right
over the child that actually came from the womb of C (the surrogate) to be considered as
their legitimate child, unless they resort to adoption,
Surrogacy and the Law, Rina Jimenez-David, Inquirer.Net,
http://opinion.inquirer.net/77435/surrogacy-and-the-law#ixzz4QCL8u5Ak
In the legal point of view, in the absence of law on surrogacy in the Philippines, C is deemed
to be the mother of the child. A and B as the putative parents have no vested right
conferred upon them by law to enforce a specific right that can be considered to be legally
demandable and enforceable as the right to be recognized as the parents of the child,
more so for A (wife) to claim as the lawful mother of the child that was born out of the
womb of C.
Atty. Evelyn, Talk About Philippine Law, http://talkaboutphilippinelaw.blogspot.com/2013/08/in-eyes-
of-law-who-is-deemed-mother-in_28.html
Article 164 of The Family Code
Children conceived as a result of artificial insemination of the wife with the sperm of
the husband or that of a donor or both are likewise legitimate children of the husband
and wife, provided that both of them authorized or ratified such insemination in a
written instrument executed and signed by them before the birth of the child . The
instrument shall be recorded in the civil registry together with the birth certificate of the
child.
This provision establishes the paternity but not maternity relation to a child. Indeed, it is
difficult to dispute the character of a biological mother of a child from whose womb
the latter came from.
Under this premise, the law does not confer upon A and B the right to claim parental
right over the child that actually came from the womb of C to be considered as their
legitimate child, unless they resort to adoption.
Another argument that may be raised is there was a contract for surrogacy among A,
B and C. The said contract is against public policy and thus void ab initio. Because for
a contract to be valid, it must satisfy the requisites in Article 1318 of the Civil Code.
Article 1347 of the Civil Code requires that the same should be within the commerce of
men. A child or a female reproductive organ is not within the commerce of men and
thus cannot be an object of a contract.
*Direct quote from the Explanatory Note of the Senate Bill 2344
Anti-Surrogacy Bill in PH
SECTION 1. It shall be unlawful for any woman capable of motherhood to agree, verbally
or in writing, with any person, whether natural or juridical, to become a surrogate mother,
with or without consideration, or to sell her offspring. It shall also be unlawful for any
person to be a party to such an agreement, whether as a physician, nurse, medical
technologist, agent, broker, representative, middleman or in any similar capacity.
SECTION 2. A woman is said to have agreed to become a surrogate mother when she
agrees to conceive a child naturally or artificially, by her own lawful husband or
otherwise, for the purpose of giving that child away after birth, or while already
conceiving shall agree to give away the child after birth, to another person with the
intention of giving up permanently all her paternal rights, love and affection over the
child.
Anti-Surrogacy Bill in PH
SECTION 3. The penalty of five (5) years imprisonment plus a fine of Ten Thousand Pesos
(PlO,OOO.OO) shall be imposed upon both the woman who shall agree to become a
surrogate mother or shall sell her infant and the person who shall have contracted with
her. The penalty of two (2) years imprisonment plus a fine of Five Thousand Pesos
(P5,OOO.OO) shall be imposed upon the physician, nurse, medical technologist, agent,
broker, representative or middleman;
Provided, That if the offender is a foreigner, his Philippine visa shall be cancelled
and he shall be deported only after serving his sentence.
SECTION 4. This Act shall take effect upon is approval.
Surrogacy Platforms
FindSurrogateMother.com was designed to help educate and provide a social arena
where hopeful parents can individually match with surrogate mothers, egg donors,
sperm donors, surrogacy agencies and fertility lawyers without agency interference or
any fees associated with the typical surrogacy matching services.
The site allows these individuals to create a free profile, blog their journey and
experiences, get up-to-date surrogacy information and news, and explore the
magnificent world of surrogacy and all that it encompasses.
The site provides comprehensive guides on surrogacy, egg donation, IVF,
gay surrogacy, surrogacy laws, and pregnancy.
Members of the FindSurrogateMother.com community are braving a journey that has
brought new friends, new hope, new stories, and the inspiration to never stop pushing
forward. These are real individuals with real stories.
Very few surrogacy platforms offer the service ethos that FindSurrogateMother.com does.
And fewer are prepared to work with intended parents in virtually any country in the world.
The company has witnessed intended parents from the United States, United Kingdom,
Canada, Kenya, France, India, the Philippines, Spain and 46 more countries across the
globe.
There is a difference between being successful and being significant. We are delighted
with the reception this exciting new platform has received," states Brandie Umar, Founder
and Executive Director for FindSurrogateMother.com.
"We created FindSurrogateMother.com to make a difference in the world and leave a tiny
footprint - by sharing freely in the hope and faith of many intended parents across the
globe."