Surrogacy: Is it timely to have

surrogate/surrogacy Law in the

Philippines?
A Research Proposal

A Research Proposal as a Final Requirement for

Legal Research and Thesis Writing

January 17, 2017

To be submitted to:
Attorney Aileen V. Sicat

To be Submiited by:
Canuto, Zarah Jeanine M. 11681640
Escalona, Anna Carmina L. 11691557
 Surrogacy: Is it timely to have surrogate/surrogacy Law in the Philippines?

I. Background, context, and background setting

The researchers believe that the need for a surrogacy law is timely. Surrogacy is a
very controversial topic which is why we are interested in exploring its effect and application
in the Philippines. In Vitro Fertilization (IVF) is growing in popularity all over the world with
couples who are having trouble getting pregnant and the trend is now quickly catching up in
the Philippines. IVF, however, is not 100% guaranteed, some IVF proceedures have failed.
An example is the IVF journey of E! News host Giuliana Rancic from the United States. She
had the IVF procedure thrice and when those failed, Guiliana and her husband turned to
surrogacy.
With the development of technology and innovation, surrogacy came into play. The
existing surrogacy laws in the United States is what inspired the researchers to compare the
progress in the Philippines to that of the United States, given that the researchers exposure
and knowledge of this issue is mostly from the United States.
In Vitro fertilization (IVF) in the Philippines is not yet widespread which means that
not all Obstetrician-Gynecologist are able to perform the said procedure1. Because of that, it
tends to be expensive and not all couples who cant have children can afford it, especially in
the Philippines. Adoption could be an option but there is a negative stigma on it. Parents
would still prefer to have a child with their own flesh and blood.
Surrogacy is not human trafficking but because of the fine line between the two, it
could easily be the latter. Recently, a group of women were detained in Ninoy Aquino
International Airport because they are being trafficked to Cambodia to be surrogate mothers.
They will go to a foreign country to get pregnant and then the baby will be sold to the highest
bidder2. That is one of the reasons why the researchers are interested in this topic. We would

1 Guzman, N. F. (2016). When age does matter: On IVF, Surrogacy, and Obando. Business Insider, S3/1.

2 South, L. M. (2017, January 5). Surrogate mothers held at airport; Philippines detention Women accused of agreeing
to bear babies for foreigners. The Age, p. 6 Retrieved from http://0-
www.lexisnexis.com.lib1000.dlsu.edu.ph/hottopics/Inacademic/)
like to give a recommendation that would prevent Filipino women from being exploited, to
safeguard their mental, emotional and physical health.
Currently, there is only one bill that discusses the issue of surrogacy. It is a bill
authored by Senator Manny Villar known as Senate Bill No. 2344 or an act prohibiting
surrogate motherhood including infant selling3. The researchers recommendation will not
only include a brief discussion on the said bill but we will add provisions to protect women
from trafficking and exploitation and provisions to protect the intended parents as well.

II. Aim of Research and Key Research Questions

The aim of this research is to determine whether the country philippines and its
citizen are are ready and open in the perspective of the new way of becoming parents
through surrogacy. Surrogacy is a very controversial way of becoming a parent because of
the questionable ethical way on how the process surrogacy is done and the conservative
nature of each of the country that prohibits and banned it. Countries like France, Germany
and Switzerland banned surrogacy4. Aside from the countries like India that allows
surrogacy,the researchers will also review the USA Law on Surrogacy because USA Law on
Surrogacy is more clear, advanced, well researched and equally fair for the surrogate mother
and intended parents5. The surrogacy law in USA stemmed from the landmark case of Baby
M6 and it is not far from happening here in the Philippines. In the desire of many infertile
couples to have their own child or children. Some may resort to the illegal way of surrogacy

3 Manny, V. (n.d). Retrieved from Senate of the Philippines : www.senate.gov.ph/lisdata/54884531!.pdf

4Shimura, T. (2012, January 25). Two international babies born on same day at VVCH. Daily Press. Retrieved from Lexis
Nexis

5
Mohapatra, S. (2012). Stateless Babies & Adoption Scams: A Bioethical Analysis of International Commercial
Surrogacy . Journal of International Law. Retrieved from Lexis Nexis

6
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 1988). Retrieved from Lexis Nexis
that is close to human trafficking or other ways of having children that are prohibited7. The
researchers think that Surrogacy Law in USA may be a good format and example if ever
surrogacy will be legal and allowed here in the Philippines.
The following are the key research questions that pertains to acceptance of the people
in philippines when it comes to Surrogacy and its timeliness to be a law:

1. What is the current status of the Senate Bill No. 2344?

2. How feasible it is if the Philippines will adapt almost the same law as USAs
Surrogacy Law?
3. If its feasible, what will be the difference between the philippines law on
surrogacy and USAs Law on Surrogacy?
4. If the Intended Parents doesnt want the child they are about to get from the
surrogate mother also known as the Unwanted Child. What will be the ruling in
our law about who will be onsidered as the legal mother or father of the child born
in surrogacy?
5. If surrogacy will be legalized and allowed here in the philippines, will it be
affordable to the couples who are infertile and will not be able to have children?

III. Research Plan, Method and Anticipated Output

Early and Middle Stage of Study (October 2016)

The researcher at the early stage of the study done the tasks of:
1.) Approval of the topic that the researcher are interested of.
2.) Compilation and organization of important materials for the study from
primary sources.
3.) Interview a member of the legislative department (Senator or Congress) or
their advisers.
4.) Determine and finalize on the key research questions and determine the scope
and limitations of the study.

7
Shalev, C. (1989). Birth Power. Yale University Press New Haven & London.
 The method of getting sources are from journals, publications, cases,and news
sourced from Lexis Nexis. The researchers tried to source out books from the De la Salle
University Library but unfortunately there is only one book that is about surrogacy and a
little discussion about the law regarding surrogacy.

Final Stage of Study

At this stage it is dedicate for revisions, improvements, fix the format and polishing
the final work. Ample of time to prepare should be the goal for presentation. Taking last
minute advices from the Legal Research Professor should be noted and accomplish to be able
to have good and reliable research work.
 PRELIMINARY BIBLIOGRAPHY
Book:
Shalev, C. (1989). Birth Power. Yale University Press New Haven & London.
Internet Sources:
Guzman, N. F. (2016). When age does matter: On IVF, Surrogacy, and Obando. Business
Insider, S3/1.
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 1988). Retrieved from Lexis Nexis
Manny, V. (n.d.). Retrieved from Senate of the Philippines :
www.senate.gov.ph/lisdata/54884531!.pdf
Mohapatra, S. (2012). Stateless Babies & Adoption Scams: A Bioethical Analysis of
International Commercial Surrogacy. Journal of International Law. Retrieved from
Lexis Nexis
Shimura, T. (2012, January 25). Two international babies born on same day at VVCH. Daily
Press. Retrieved from Lexis Nexis
South, L. M. (2017, January 5). 'Surrogate mothers' held at airport; Philippines detention -
Women accused of agreeing to bear babies for foreigners. The Age, p. 6. Retrieved
from http://0-www.lexisnexis.com.lib1000.dlsu.edu.ph/hottopics/lnacademic/)