Bouncing babies and borrowed bodies: Should the commissioning couple be the legal parents of a child conceived through surrogacy?

• Main Authors: Lastimosa, Areeya Ysabel, Limjoco, Catherine Alexandria
• Format: text
• Language: English
• Published: Animo Repository 2014
• Subjects: Commercial Law
• Online Access: https://animorepository.dlsu.edu.ph/etd_bachelors/18012
• Institution: De La Salle University

Fertility and children are always considered to be blessings in this world. When a child is born into this world, it establishes particular rights and obligations of that of the mother and the father. However, not everyone has this gift of conceiving a child. That is why science and technology paved the way in treating this infertility crisis. With the introduction of artificial insemination and surrogacy, modern science has provided an alternative to couples who were deprived by Mother Nature of the capacity to procreate. Today, many countries are struggling to respond to surrogacy issues. Countries, like India, Russia and some states in the United States, have adopted this technology. Although in some countries they have not opened their doors in such issue, and some still has no legislation governing surrogacy. It is no doubt that some Filipinos may adopt this process in the feature. However, no such statutes exist for surrogate motherhood arrangements in our legal system. The absence of a legislation in the Philippines that regulates the practice of surrogacy has created a chaotic condition wherein parties are unaware of their respective rights and obligations arising from the agreement. This study looks into this situation of a couple entering into a surrogate agreement with a third person, who could carry the child in her womb in their behalf. For the law to remain relevant, it must progress as society progresses. Advancements in reproductive technology must be followed by advances in law. This study proposed that a comprehensive legislation be mandated dealing with all these issues to meet the present and future situation created by the reproductive science and technology. Hopefully, the views expressed in the present fact setting will pave way for a secure legislation that will deal with such situation.