She carried our baby: A study on how legalizing gestational surrogacy can address the international obligation of the Philippines

Gestational Surrogacy is a controversial practice all over the world. Case laws in different countries do not even have a unanimous ruling on how to treat this issue. Needless to say, different countries have different stands on this practice. However, if one looks closely at the foundation of this...

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Main Authors: Diesta, Mary Catherine A., Ferrer, Johansen V.
Format: text
Language:English
Published: Animo Repository 2011
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Online Access:https://animorepository.dlsu.edu.ph/etd_bachelors/17790
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Institution: De La Salle University
Language: English
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spelling oai:animorepository.dlsu.edu.ph:etd_bachelors-183032021-12-07T07:32:24Z She carried our baby: A study on how legalizing gestational surrogacy can address the international obligation of the Philippines Diesta, Mary Catherine A. Ferrer, Johansen V. Gestational Surrogacy is a controversial practice all over the world. Case laws in different countries do not even have a unanimous ruling on how to treat this issue. Needless to say, different countries have different stands on this practice. However, if one looks closely at the foundation of this practice, it is merely just another way of practicing one's right to reproduce. Reproductive freedom is one of the rights that are protected and embodied in the United Nations Declaration of Human Rights (UDHR). Since the said declaration is supported by the International Covenant on Civil and Political Rights (ICCPR) and International Covenant on Economic, Social and Cultural Rights (ICESCR), state parties to the said conventions are expected to support the beliefs of the said Covenants. Since the Philippines is a state party to the stated conventions, line with this, the legislature now has the obligation to make sure that the rights stated are protected and addressed in our country. However, the Philippine's legislature has not yet done anything to address such right in the Philippines. The main premise of this research is that the Philippines signed and ratified International treaties, therefore the Philippines is now obliged to address these issues and rights, since those are now a binding source of customary international law. Since the Philippines has not yet addressed the issue on Surrogacy, the research was done in an international point of view using international treaties and conventions that are binding in the Philippines, narrowing down then to the provisions in the Constitution. The research intend to explain why Gestational Surrogacy when legalized, will not only be beneficial to the country, it will also address the international obligation of the Philippines. This includes defining the rights of the parties involved, namely the commissioning couple, the surrogate mother, the medical practitioner and the child, and identifying the international instruments protecting them. 2011-01-01T08:00:00Z text https://animorepository.dlsu.edu.ph/etd_bachelors/17790 Bachelor's Theses English Animo Repository Commercial Law
institution De La Salle University
building De La Salle University Library
continent Asia
country Philippines
Philippines
content_provider De La Salle University Library
collection DLSU Institutional Repository
language English
topic Commercial Law
spellingShingle Commercial Law
Diesta, Mary Catherine A.
Ferrer, Johansen V.
She carried our baby: A study on how legalizing gestational surrogacy can address the international obligation of the Philippines
description Gestational Surrogacy is a controversial practice all over the world. Case laws in different countries do not even have a unanimous ruling on how to treat this issue. Needless to say, different countries have different stands on this practice. However, if one looks closely at the foundation of this practice, it is merely just another way of practicing one's right to reproduce. Reproductive freedom is one of the rights that are protected and embodied in the United Nations Declaration of Human Rights (UDHR). Since the said declaration is supported by the International Covenant on Civil and Political Rights (ICCPR) and International Covenant on Economic, Social and Cultural Rights (ICESCR), state parties to the said conventions are expected to support the beliefs of the said Covenants. Since the Philippines is a state party to the stated conventions, line with this, the legislature now has the obligation to make sure that the rights stated are protected and addressed in our country. However, the Philippine's legislature has not yet done anything to address such right in the Philippines. The main premise of this research is that the Philippines signed and ratified International treaties, therefore the Philippines is now obliged to address these issues and rights, since those are now a binding source of customary international law. Since the Philippines has not yet addressed the issue on Surrogacy, the research was done in an international point of view using international treaties and conventions that are binding in the Philippines, narrowing down then to the provisions in the Constitution. The research intend to explain why Gestational Surrogacy when legalized, will not only be beneficial to the country, it will also address the international obligation of the Philippines. This includes defining the rights of the parties involved, namely the commissioning couple, the surrogate mother, the medical practitioner and the child, and identifying the international instruments protecting them.
format text
author Diesta, Mary Catherine A.
Ferrer, Johansen V.
author_facet Diesta, Mary Catherine A.
Ferrer, Johansen V.
author_sort Diesta, Mary Catherine A.
title She carried our baby: A study on how legalizing gestational surrogacy can address the international obligation of the Philippines
title_short She carried our baby: A study on how legalizing gestational surrogacy can address the international obligation of the Philippines
title_full She carried our baby: A study on how legalizing gestational surrogacy can address the international obligation of the Philippines
title_fullStr She carried our baby: A study on how legalizing gestational surrogacy can address the international obligation of the Philippines
title_full_unstemmed She carried our baby: A study on how legalizing gestational surrogacy can address the international obligation of the Philippines
title_sort she carried our baby: a study on how legalizing gestational surrogacy can address the international obligation of the philippines
publisher Animo Repository
publishDate 2011
url https://animorepository.dlsu.edu.ph/etd_bachelors/17790
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