A womb leasing gig: The illegality of commercial gestational surrogacy

• Main Authors: Cadiz, Jose Enrique S., Yu, Cindee Michelle S., Gallo, Rosario Olivas
• Format: text
• Language: English
• Published: Animo Repository 2020
• Subjects: Surrogate mothers > Philippines; Civil Law; Law
• Online Access: https://animorepository.dlsu.edu.ph/etd_masteral/6739
• Institution: De La Salle University

Commercial Surrogacy provides for a situation where a woman would be pregnant for another person in exchange for monetary consideration. There are a lot of people around the world seeking to redress the issue of infertility without having to resort to adoption. Such predicament gave rise to the practice of commercial surrogacy. It can be gleaned that the practice of surrogacy would be beneficial to all the parties involved in the contract as it would not only help the would-be parents solve the issue of infertility but also help the surrogate mother in her daily needs by reason of the money involved in the contract. However, such situation also makes for certain issues with regard the contract of commercial surrogacy. One of which is the validity of the contract of surrogacy in relation to the Civil Code which governs the laws on contracts. Notwithstanding the fact that the practice of surrogacy may and will pave way to abuse and exploitation of surrogate mothers who are from the marginalized sectors of society. This research aims to put an end to the question of the validity of contracting commercial surrogacy in the Philippines.