House bill seeks regulation of surrogacy in PH

A bill regulating the conduct of Assisted Reproductive Technology (ART) and surrogacy procedure in the Philippines has been filed in the House of Representatives.

Zamboanga City Representative Khymer Adan Olaso made the proposal under his House Bill 8301, which seeks to establish the ART and Surrogacy Regulation  Commission.

The commission, under the bill, is mandated to administer, implement and enforce the government's regulatory policies with respect to the conduct of assisted reproductive technology or surrogacy procedures, including the enhancement and maintenance of professional and occupational standards and ethics and the enforcement of rules and regulations.

The bill also provides that the commission will perform any and all acts, enter into contracts, make rules and regulations and issue orders and other administrative issuance necessary in the execution and implementation of its functions and the improvement of its services.

The ART and Surrogacy Regulation Commission will have the authority to issue licenses and permits to assisted reproductive technology or surrogacy clinics and banks in accordance with its rules and regulations.

The commission will have custody of all the records of the ART and Surrogacy clinics and banks, including minutes of deliberation, records of administrative cases and investigations for control and disposition, as well as set the amount of fees to be charged and collected for registration, certification, docket, appeal, replacement, accreditation, including surcharges and other fees or to charge and collect.

The ART and Surrogacy Commission, which will be composed of one chairperson and two commissioners, will be under the Department of Health, according to the bill.

Olaso, in his explanatory note, said that while data from the Philippine Society of Reproductive Medicine (PSRM) showed that there were approximately 9,000 ART procedures conducted in the country in 2019, and that the  same organization estimates that there were approximately 50 surrogacy arrangements in the Philippines in the same year, all these figures may not paint the whole picture since there is no official registry for ART or surrogacy procedures in the country.

"The enactment of an ART and Surrogacy regulation law is necessary for the ethical and safe conduct of ART and surrogacy procedures in the Philippines," Olaso said.

"The bill proposes regulations and guidelines for ART and surrogacy procedures using ethical practices and techniques that prioritize the well-being of all parties involved," he added.

Olaso said the bill aims to legally recognize and uphold the reproductive rights of individuals and couples who are looking to start families but are unable to do so on their own.

"Should this bill become a law, individuals can have the option to receive ART or surrogacy services within the country without the risks of traveling abroad. It is in the country’s best interest ensure the protection of every individual's reproductive rights," he said.

The bill also provides clear cut guidelines on parentage since it states that a child born out of surrogacy procedure will be deemed to be a biological child of the intending couple and the said child will be entitled to all the  rights and privileges available to a biological child under existing laws.

"This is consistent with the principle that the best interests of the child should be the primary  consideration in all matters related to surrogacy and ART," Olaso said. —Llanesca T. Panti/KBK, GMA Integrated News