The gift of surrogacy: Proposing a law which will recognize surrogacy

• Main Author: Celles, Leandro P.
• Format: text
• Language: English
• Published: Animo Repository 2015
• Subjects: Surrogate motherhood—Law and legislation—Philippines; Civil Rights and Discrimination; Family Law
• Online Access: https://animorepository.dlsu.edu.ph/etd_masteral/6376; https://animorepository.dlsu.edu.ph/context/etd_masteral/article/13445/viewcontent/CELLES_LEANDRO_JD_THESIS2.pdf
• Institution: De La Salle University

Surrogacy has now become an option for many childless couples to have their own child. This is made possible by advances in reproductive technology. Given that the incidence of infertility amongst women has risen globally, surrogacy can provide the way for them to have a child. However our laws do not provide specific laws on surrogacy and only recognizes the use of artificial insemination as an artificial means of procreation. There are two kinds of surrogacy, traditional and gestational. In traditional the egg of the surrogate mother is used while in gestational there is no genetic link between the surrogate mother and the child. For the purpose of this thesis, it will focus only on gestational surrogacy because there is a genetic link between the child and the intended parents. This happens because either or both of the intended parents provide the genetic material to be implanted on the surrogate. In countries including UK, Ireland, Denmark and Belgium surrogacy is allowed where there is no compensation or only reasonable compensation is given. However many countries still have no clear legislation on surrogacy. There have been many incidences wherein the parties have resorted to legal action to be recognized as rightful parents and custody of the child. In addition there have been incidents wherein children born by the surrogate mother are left behind by parents because of abnormalities or change of mind.