Republic of the Philippines
House of Representative
Quezon City, Metro Manila
Nineteenth Congress
First Regular Session
HOUSEB|LLNo.830l
Introduced by
HON. KIIYMER ADAN T. OLAS0
Representative, 1St District, Zamboanga City
AN ACT
pRovlDING FOR THH FRAMEwoRK FOR THn coNDucT AND
REGULATION OF ASSISTED REPRODUCTIVE TECHNOLOGY (ART)
AND SURROGACY PROCEDURES,
AND APPROPRIATING FUNDS THEREFOR
EXPLANATORY NOTE
This bill  seeks to regulate surrogacy and artificial reproductive technology
(ART)  in  the  Philippines,  in  order to  protect the  rights  of all  parties  involved,
especially  the  child  born through  these  procedures.  It  is  important  to  note  that
infertility  is  a  significant problem  in the Philippines,  with  an  estimated  1  in  10
couples experiencing difficulty conceiving]. According to a study conducted by the
University of the Philippines Population Institute, about 6% of women aged 15-49
in the Philippines are infertile while a separate study by St. Luke's Medical Center
found that about 15-20% of couples in the country are infertile. ). As a result, ART
and  surrogacy  have  become  increasingly  popular  options  for  couples  who  are
struggling to conceive.
Data from the Philippine Society of Reproductive Medicine (PSRM) showed
that there were approximately 9,000 ART procedures conducted in the country in
20192. The same organization estimates that there were approximately 50 surrogacy
arrangements in the Philippines in the salne year. However, it should be noted that
these figures are likely to be underestimates, as there is no official registry for ART
or surrogacy procedures in the country.
While ART and surrogacy can be life-changing for many couples, there have
been  reported  cases  of untoward  events  resulting  from  these  procedures.  For
i World Health Organization, 2010.
2 Philippine Society of Reproductive Medicine. (2020). ART Registry. Retrieved from https://psrm.org.ph/art-registry/


example, in 2017, a surrogate mother in the Philippines was left with a large medical
bill after giving birth to triplets, when the intended parents refused to pay for her
medical  expenses3.  There  have  also  been  cases  of surrogacy  brokers  exploiting
vulnerable women, and of children being abandoned or mistreated by their intended
parents4.
In   addition   to   these   practical   concerns,   there   are   also   ethical   issues
surrounding ART and surrogacy that need to be addressed. For example, there are
concerns about whether the use of ART and surrogacy co-modifies women's bodies,
and whether it is ethical to create children for the sole purpose of fulfilling the desires
of their intended parents5.
To address these concerns, this bill proposes the establishment of a regulatory
body to oversee the practice of ART and surrogacy in the Philippines. This body
would be responsible for ensuring that all parties involved in these procedures are
fully informed of their rights and responsibilities, and that appropriate safeguards
are in place to protect the interests of all involved, especially the child born through
these  procedures.  In  addition,  the  bill  proposes  that  all  ART  and  surrogacy
procedures be registered with this regulatory body, in order to ensure that accurate
data are available on the number and outcomes of these procedures.
The  issue  of parentage  is  also  addressed  in this  bill.  Specifically,  the  bill
proposes that a  child  born out of surrogacy procedure  shall  be  deemed to  be  a
biological child of the intending couple and the said child shall be entitled to all the
rights  and  privileges  available  to  a  natural  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.
The   enactment   of  an  Assisted  Regulatory   Technology   and   Surrogacy
Regulation Law is necessary for the ethical and safe implementation of ART and
surrogacy in the Philippines. It is in the country's best interest to create this law and
ensure the protection of every individual's reproductive rights.
The immediate passage of this bill is earnestly sought.
4 Gutierrez, J. (2019). Surrogacy in the Philippines: A lucrative but legally risky business. CNN Philippines. Retrieved
from https ://cnnph il ippines. com/news/2019/9/8/sulTogacy-in-the-philippines.htm I
5 Shenfield, F., de Mouzon, J., Pennings, G., Ferraretti, A. P., Andersen, A. N., de Wert, G., & Nygren, K. G. (2010).
Cross-border reproductive care in 6 European Countries


Republic of the Philippines
House of Representatives
Quezon City, Metro Manila
Nineteenth Congress
First Regular Session
HOUSE BILLNo.  8301
Introduced by
HON. KIIYMHR ADAN T. OLAS0
Representative, 1St District, Zamboanga City
AN ACT
PROVIDING FOR THE FRAMEWORK FOR THE CONDUCT AND
RHGULATloN oF AsslsTHD REPRODucTlvn TECHNOLOGy (ART)
AND SURROGACY PROCHDURES,
AND APPROPRIATING FUNDS THHREFOR
Be  it  enacted by  the  Senate  and House  Of Representatives  Of the  Philippines  in
Congress assembled:
SEC.  I.  ri.#c.  -  This  Act  shall  be  known  as  the  £4ssz.sfecJ jzeproc7#cfz.ve
Technology and Surrogacy Regulation Act of 202 3 .
SHC. 2. Dcc/¢r¢/i.o" a/Pri.#ci.p/es. ~ The State recognizes the right of every
individual and couple to reproduce and start their own families, as enshrined in the
Philippine Constitution and international human rights standards. In pursuance of
this, the  State is duty-bound to assist spouses to found and complete a family in
accordance  with  their  religious  convictions  and  the  use  of human  reproductive
materials  subject to the health regulations and ethical considerations as provided
under this Act shall be for the sole purpose of procreation.
The State shall equally protect the life of the mother and the life of the unborn


from conception. In consonance with this, the State shall accord the unborn the basic
right to life, to the protection of his or her welfare and against all acts which may
place the unborn child in danger of being harmed, injured, or killed, bearing in mind
that the unborn is totally incapable of protecting itself.
SEC. 3. De¢#i.fro# a/ Terms. - Unless, otherwise, defined elsewhere in this
Act, the following words or phrases shall mean:
a.         "czc7verfz.seme#f"  includes  any  notice,  circular,  label,  wrapper or any
other document including  advertisement through  internet or any  other media,  in
electronic or print fomi and also includes any visible representation made by any
means including but not limited to wall-painting, signal light, sound, smoke or gas.
b.        "cz/trc/I.sfz.c  s#rrogrldy'  means  the  surrogacy  in  which  no  charges,
expenses, fees, remuneration or monetary incentive of whatever nature, except the
medical expenses and such other prescribed expenses incurred on surrogate mother
and the  insurance  coverage  for the  surrogate  mother,  are given to  the  surrogate
mother or her dependents or her representative;
c.         "crrfz/}cz.a/    I.7rsemz.#clfz.o#"    means    the    procedure     of    artificially
transferring the husband or donor's semen into the reproductive tract of a his wife;
d.        ``crssz.sfec7 reprod#cfz.ve fechoo/og)/" with its grammatical variations and
cognate  expressions, means all techniques that attempt to obtain a pregnancy by
handling the speml or the oocyte outside the human body and transferring the gamete
or the embryo into the reproductive system of a woman;
e.        C`assisted   reprodrctive    technology    bank'    rn!earrs   an   endrty    or
organization that is set up to supply sperm or semen, oocytes or oocyte donors to the
assisted reproductive technology clinics or their patients;
i.         "assisted   raproductive   technology   clinic"    rn!eiIITs   ainy   crilriro   or
laboratory  that   is   equipped  with  requisite   facilities,   recognized  reproductive


medicine   specialists   and   medical   practitioners   registered   with   the   Assisted
Reproductive Technology and Surrogacy Regulation Commission for carrying out
the procedures related to the assisted reproductive technology;
9.        "cfez./d"  means  any  individual  born  through  the  use  of the  assisted
reproductive technology or surrogacy;
h.        "commercz.a/   sz#'7.ogrq/"   means   commercialization   of   surrogacy
services or procedures or its component services or component procedures including
the selling or buying of human embryo or trading in the sale or purchase of human
embryo  or  gametes  or  selling  or  buying  or  trading  the  services  of  surrogate
motherhood  by  way  of giving  payment,  reward,  benefit,  fees,  remuneration  or
monetary incentive in cash or kind, to the surrogate mother or her dependents or her
representative,  except the  medical  expenses  and  such  other prescribed  expenses
incurred on, including the insurance coverage for, the surrogate mother;
1.          "co7#mz.ssz.o#z.7!g   co2ip/e"   means   an   infertile   married   couple   who
approach  an   assisted  reproductive   technology   clinic   or  assisted  reproductive
technology bank  for obtaining the services authorized of the said clinic or bank;
j.         ``coatp/e" means the legally married man and woman above the age of
21 years and 18 years respectively;
k.        ``cryo-preserve" means the freezing and storing ofgametes, zygotes and
embryos;
1.         "egg" means the female gamete;
in.       "embryo" means a developing or developed organism after fertilization
until flfty-five days thereafter;
n.        "embryo/ogz.sf"  means  a  person  who  possesses  any  post-graduate
medical  qualification  or  doctoral  degree  in  the  field  of embryology  or  clinical


embryology from a recognized university with not less than two years of clinical
experience;
o.        `yer/I./jzc]fz.o72" means the penetration of the ovum by the spermatozoon
and fusion of genetic materials resulting in the development of a zygote;
p.        ``/eras" means a human organism during the period of its development
beginning  on the  fifty-seventh day  following  fertilization and  ending at birth  or
abortion;
q.        "grme/e" means spemi or the oocyte;
r.         "gcI]#efe c7onop' means a person who provides sperm or oocyte with the
objective of enabling an infertile couple to have a child;
s.        "gee/clfz.o#cr/ s#ITogrq/" means a practice whereby a surrogate mother
carries a child for the intending couple through the implantation of the embryo in
her womb where the child is not genetically related to her;
t.         ``z.mp/cz#1czfz.o7z" means the attachment and subsequent penetration by the
zona-free blastocyst which starts five to seven days following fertilization;
u.         "i.77/erfz./I.ty"   means   the   inability   to   conceive   after   one   year   of
unprotected  coitus  or  other proven  medical  condition  preventing  a  couple  from
conception;
v.        "I-7'rs2zrt7#ce" means an arrangement by which a company, individual or
commissioning  couple  undertakes  to  provide  a  guarantee  of compensation  for
specified loss, damage, complication or death of oocyte donor during the process of
oocyte retrieval or medical expenses, health issues, specified loss, damage, illness
or death of surrogate mother and such other prescribed expenses incurred on such
surrogate mother during the process of surrogacy;


w.       "I.#fendz.7ig  co#pJe"  means  a  couple  who  has  a  medical  indication
necessitating  gestational  surrogacy  and  who  intend  to  become  parents  through
surrogacy;
x.        "ooq/fe"  means  naturally  ovulating  female  gamete  in  the  female
reproductive system;
y.        "prJ~/I.es" includes the commissioning or intending  couple or surrogate
mother and the gamete donors;
z.        `Cpre-implantation  Genetic  Diagnosis"  rnearls the  geneho  cia,grrost+s
when one or both genetic parents has a known genetic abnormality and testing is
performed on an embryo to determine if it also carries a genetic abnormality;
aa.      "Pre-I.mp/c}#fcI/i.o# Ge#efro fesfz.#g" means a technique used to identify
genetic defects in embryos created through in-vitro fertilization before pregnancy;
bb.      "regz.sferec7 medz.ca/ prczcfz.fz.o7zer"  means  a  medical  practitioner who
possesses  all  medical  qualifications  as    certifled  by  the  Philippine  College  of
Physicians and the Professional Regulation Commission;
cc.      ``retrz.evczr' means a procedure of removing oocytes from the ovaries of
a woman;
dd.      "sperm" means the mature male gamete;
ee.      "scree#z.#g" means the genetic test performed on embryos produced
through in-vitro fertilization;
ff.       ``s#rrogczc}J"  means a practice whereby  one woman bears  and gives
birth to a child  who is not related by consanguinity to her for an intending couple
with the intention of handing over such child to the intending couple after childbirth;


gg.       "szfrrogrc); c/z.#z.c"  means  a clinic,  center or laboratory,  conducting
surrogacy  services,   I.#  vz.two   fertilization  services,   genetic   counselling,   genetic
laboratory,  any  clinical  establishment,  by  whatsoever  name  called,  conducting
surrogacy procedures in any form;
hh.      "szfrrogczc);  procedrres"   means   all   gynecological,   obstetrical   or
medical procedures, techniques, tests, practices or services involving handling of
human gametes and human embryo in surrogacy;
ii.       "s#rrogrrfe "ofher" means awoman who agrees to bear a child through
surrogacy from the implantation of embryo in her womb until delivery of the baby
up to 30 days post-partum; and
jj.        "z}/go/e" means the fertilized oocyte prior to the first cell division.
S;HC.  4.  Assistive  Reproductive  Technology  and  Surrogaay  Regulation
Commi.SSJ.o#. -There is hereby created a three-man commission to be known as the
Assistive   Reproductive   Technology   and   Surrogacy   Regulation   Commission,
hereinafter referred to as the Commission, which shall be attached to the Department
of Health for general direction and coordination.
SEC. 5. Composi./I.o#. - The Commission shall be headed by one ( 1 ) full-time
Chairperson  and  two  (2)  full-time  Commissioners,  all  to  be  appointed  by  the
President for a term of seven (7) years without reappointment to start from the time
they assume office. Appointments to a vacancy that occurs before the expiration of
the term of a Commissioner shall cover only the unexpired term of the immediate
predecessor.   At  the   expiration   of  the   Chairperson,   the   most   senior   of  the
Commissioners shall temporarily assume and perfomi the duties and functions of
the Chaixperson until a permanent Chairperson is appointed by the President.
The Chairperson or Commissioner shall be at least forty (40) years of age,
holding   a   valid   certificate   of  registration/professional   license   and   a   valid
professional identification card or a valid certificate of competency issued by the


Philippine  Society  for Reproductive Medicine, has had at least five  (5) years of
experience  and  has  distinguished  himself in  Assisted  Reproductive  Technology
and/or Surrogacy practice.
S;E,C.  6.  Exercise  Of Powers  and  Functions  Of the  Commission.  - The
Chairperson of the Commission, and the Commissioners as members thereof shall
sit and act as a body to exercise general administrative, executive and policy-making
functions of the Commission.
The Chairperson shall act as the presiding and chief executive officer of the
Commission.  As presiding officer, he/she  shall preside over the meetings  of the
Commission   sitting   as   a   collegial   body.   As   chief  executive   offlcer   of  the
Commission, he/she shall be responsible for the implementation of the policies and
the  programs  adopted by the  Commission  for the  general  administration  of the
Commission. He/she shall perform such other activities which are necessary for the
effective exercise of the powers, functions and responsibilities of the Commission.
SHC. 7. Conapensation and Other Benefits. -The Chairperson shall receive
compensation  and allowances  equivalent to that of an Undersecretary while the
Commissioners shall receive compensation and allowances equivalent to that of an
assistant secretary. The Chairperson and the members of the Commission shall be
entitled to retirement benefits.
S;rfLC. 8. Powers, Functions and Responsibilities Of the Commission. -The
powers, functions, and responsibilities of the Commission are as follows:
(cz)      To administer, implement and enforce the regulatory policies of
the national government 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 the mles and regulations relative thereto;


(a)      To perform any and all acts, enter into contracts, make such rules
and regulations and issue such orders and other administrative issuance  as
may be necessary in the execution and implementation of its functions and the
improvement of its services;
(c)      To issue licenses and permits to assisted reproductive technology
or surrogacy clinics and banks in accordance with the rules and regulations
promulgated by the Commission;
®     To have custody of all the records of the Assisted Reproductive
Technology   and   Surrogacy   clinics   and   banks   including   minutes   of
deliberation, records of administrative cases and investigations for control and
disposition;
(e)      To  determine  and  fix  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
reasonable fees;
0)       To appoint subject to civil service laws, rules, and regulations,
officials  and  employees  of the  Commission  who  are  necessary  for  the
effective  performance  of its  functions  and  responsibilities;  prescribe  their
duties  and  fix  their  compensation  and  allowances  including  other  fringe
benefits; and to assign and/or reassign personnel as the exigency of the service
requires  subject  to  the  Civil  Service  laws,  rules  and  regulations;  and  to
organize or reorganize the structure of the Commission; and create or abolish
positions or change the designation of existing positions in accordance with a
staffing pattern prepared by it and approved by the Office of the President
upon the  recommendation of the Department of Budget and Management
(DBM) to meet the changing conditions or as the need arises: Provz.dec7, that,
such changes shall not affect the employment status of the incumbents, reduce
their ranks and/or salaries nor shall result in their separation from the service;


(g)     To  supervise foreign nationals who are authorized by existing
laws  to  practice  their  professions  either  as  holders  of  a  certificate  of
registration  and  a  professional  identification  card  or  a  temporary  special
permit in the Philippines; to ensure that the terms and conditions  for their
practice  or  of their employment  are  strictly  complied  with;  to  require the
hiring or employing government agency or private entity/institution to secure
a  temporary  special  permit  from  the  Commission  and  to  file  a  criminal
complaint against the head of the government agency or officers of the said
private  entity/institution,  who  shall  be  liable  under  the  penalty  imposed
pursuant to this Act, when the professional was hired and allowed to practice
his/her  profession  without  permit;  to  file  upon  due  process  request  for
deportation with the Bureau of Immigration; and to supervise professionals
who were former citizens of the Philippines and who had been registered and
issued a certificate of registration and a professional identification card prior
to their naturalization as foreign citizens, who may, while in the country on a
visit, sojourn or permanent residence, practice their profession: Prow.decJ, that,
prior to the practice of their profession they shall have first been issued a
special permit and updated professional identification card by the Professional
Regulation Commission upon payment of the permit and annual registration
fees;
(h)      To  inspect  Assisted  Reproductive  Technology  and  Surrogacy
clinics and banks, monitor their performance and establish a national registry
of such banks and clinics, including its patients, the procedures conducted,
outcome of the procedure, untoward events during and after the procedure,
among others: Provz.dec7, that, such registry shall comply with the provisions
of the Data Privacy Act of 2012;
(i.)       To adopt and institute a comprehensive rating system for assisted
reproductive    technology    and    surrogacy    clinics    and    banks    based
internationally-accepted standards ;


0.)       To     exercise     administrative     supervision     over     Assisted
Reproductive Technology and Surrogacy clinics and banks and practitioners;
(4)      To adopt and promulgate such rules and regulations as may be
necessary to  effectively implement policies with respect to the  conduct of
Assisted Reproductive Technology and Sunogacy;
(D      To   investigate   and  decide   administrative   matters   involving
officers and employees under the jurisdiction of the Commission;
(in)     To  investigate  mofci proprz.a  or  upon  the  filing  of a  verified
complaint, any Assisted Reproductive Technology and Surrogacy clinic or
bank for neglect of duty, incompetence, unprofessional, unethical, immoral or
dishonorable conduct, commission of irregularities which taint or impugn the
integrity and authenticity of the results of the assisted reproductive technology
or  surrogacy  procedure  and,  if found  guilty,  to  revoke  or  suspend  their
certiflcates  of registration  and  recommend  to  the  Professional  Regulation
Commission the suspension or revocation of the involved medical personnel ' s
professional license/identification cards;
(72)       To   issue   summons,  sctz)poerzcz  and  se/Z}poe77cz  c7#ces   fecz/777   in
connection with the investigation of cases against officials and employees of
the Assisted Reproductive Technology and Surrogacy clinics and banks;
(o)      To  hold  in  contempt  an  erring  party  or  person  only  upon
application with a court of competent jurisdiction;
G7)      To call upon or request any department, instrumentality, office,
bureau, institution or agency of the government including local government
units to render such assistance as it may require, or to coordinate or cooperate
in  order to  cany out,  enforce  or  implement the  regulatory policies  of the
government  or  any  program  or  activity  it  may  undertake  pursuant to  the
provisions of this Act;


(g)      To  initiate  an investigation,  upon complaint under oath by an
aggrieved party, of any person, whether a private individual or professional,
local or foreign, who practices assisted reproductive technology or surrogacy
procedure without being authorized by law, or without being registered with
and licensed by the Commission or special permit, or who commits any of the
prohibited acts provided under this Act, which are criminal in nature, and if
the evidence so warrants, to forward the records of the case to the office of the
city or provincial prosecutor for the filing of the corresponding information in
court  by  the  lawyers  of the  legal  services  of the  Commission  who  may
prosecute said case/s upon being deputized by the Secretary of Justice;
(r)      To   prepare   an   annual   report   of  accomplishments   on   the
programs,  projects  and  activities  of the  Commission  during  the  year  for
submission  to  Congress  after  the  close  of each  calendar  year  and  make
appropriate   recommendations   on   issues   and/or  problems   affecting   the
Commission   and  the   conduct  of  assisted  reproductive   technology   and
surrogacy procedures in the country;
(s)      To regulate fees charged by assisted reproductive technology and
surrogacy clinics and banks; and
(t)       To perform such other functions and duties as may be necessary
to carry out the provisions of this Act, laws, decrees, executive orders and
other administrative issuance;
S;HC. 9.  Operation  Of Assisted  Reproductive  Technology  and  Surrogacy
C/i.#i.cs ¢"d B¢#As. - In the operation of Assisted Reproductive Technology and
Surrogacy clinics and banks, they shall perform the following duties, namely:-
(a)      ensure that commissioning or intending couple and donors ofgametes
are eligible to avail the assisted reproductive technology or surrogacy   procedures
subject to such criteria as may be prescribed by the Commission;


(b)      obtain donor gametes from the banks and such banks shall ensure that
the donor has been medically tested for such diseases as may be prescribed;
(c)      provide  professional  counselling  to  the  commissioning  or intending
couple about all the implications and chances of success of assisted reproductive
technology procedures in the clinic, infom the commissioning or intending couple
of the  advantages,  disadvantages  and  cost  of the  procedures,  their medical  side
effects, risks including the risk of multiple pregnancy; and help the commissioning
or intending couple to arrive at an informed decision on such matters that would
most likely be the best for them;
(d)      make commissioning or intending couple or woman, aware of the rights
of a child born through the use of assisted reproductive technology or surrogacy;
(e)      ensure that information about the commissioning or intending couple
and donor shall be kept confidential and the infomation about treatment shall not be
disclosed  to  anyone  except  to  the  national  registry  to  be  maintained  by  the
Commission,  in  a  medical  emergency  at  the  request  of the  commissioning  or
intending couple to whom the  information relates,  or by an order of a court  of
competentjurisdiction;
(I)       maintain a grievance committee in respect of matters relating to such
clinics and banks and the manner of making a complaint before such committee
subject to the rules and regulations prescribed by the Commission;
(g)      issue to the commissioning or intending couple a discharge certificate
stating details of the assisted reproductive technology procedure performed on them;
(h)      cooperate and make available their premises for physical inspection by
the Commission;
(i)       provide all information related to the commissioning couple, woman
and gamete donors, the procedure being undertaken, and outcome of the procedure,


complications, if any, to the Commission periodically, in such manner as may be
prescribed.
¢)       perform any treatment or procedure: P7~ovz.dec7, that, a written consent
from all the parties seeking assisted reproductive technology or surrogacy must be
secured and an insurance coverage of such amount and for such period as may be
prescribed in favor of the oocyte donor by the commissioning or intending couple
from an insurance company or an agent recognized by the Insurance Commission
must be underwritten.
(k)      cryo-preserve any human embryo or gamete upon specific instructions
and consent in writing from all the parties seeking assisted reproductive technology,
in case of death or incapacity of any of the parties.
(I)       use only human reproductive material to create a human embryo or use
only an z.77-vz.fro human embryo for the sole purpose of procreation and completion
of a family;
(in)     while keeping the records, they shall:
(i)       maintain a detailed record of all donor oocytes, sperm or
embryos used or unused, the manner and technique of their use in such
manner as may be prescribed;
(ii)      submit  to  the  Commission  via  the  online  platfomi  all
information available with them in regard to progress of the procedures
conducted to the commissioning or intending; and about the number of
donors (sperm and oocyte), screened, maintained and supplied and the
like within a period of one month from the date  of receipt of such
information,   the   records   of  which   shall   be   maintained   by   the
Commission for at least a period of ten years, upon the expiry of which
the  clinic  or  bank  shall  transfer  the  records  to  National  Archives
database:  Proi;I.dec7,  that,   if  any  criminal   or  other  proceeding  is


instituted  against   any   clinic   or  bank,   the  records   and  all   other
documents  of such clinic  or bank shall be  preserved until the  final
disposal of such proceedings;
(iii)    in the event of the closure of any clinic or bank before the
expiry of the period often years, such clinic and bank shall immediately
transfer the records to the National Archives; and
(iv)     ensure that the same be made available for inspection by
Commission.
(n)      while using human ganetes and embryos, they shall:
(i)       harvest oocytes in such manner as may be specified by the
Commission;
(ii)      ensure that the number ofoocytes or embryos that may be
placed in the uterus of a woman during the treatment cycle shall be such
as may be specified by the Commission;
(iii)    ascertain that a woman shall not be treated with gametes
or embryos derived from more than one man or woman during any one
treatment cycle ;
(iv)     never mix semen from two individuals for the procedures
specified under this Act;
(v)      ascertain  that  embryos  shall  not  be  split  and  used  for
twinning to increase the number of available embryos;
(vi)     collect gametes posthumously only upon prior consent of
the commissioning or intending couple;


(vii)   perform    pre-implantation    genetic    testing    and    pre-
implantation diagnosis which shall only be used to screen the human
embryo for known, pre-existing, heritable or genetic disease upon the
request of the intending or commissioning couple: Provz.dec7, that, the
result of the test and subsequent diagnosis, shall not be used a basis for
intentional abortion;
(viii)  such other duties as may be prescribed.
S;HC.10. Conduct Of Surrogaay Procedure.. -
1.        Surrogacy procedures  shall  be  conducted,  undertaken,  performed  or
availed of when:
(a)       an  intending  couple  has  a  medical  indication  necessitating
gestational  surrogacy:  Provz.dec7,  that,  a  couple  who  intends  to  avail  of
surrogacy procedure shall obtain a certificate of recommendation from the
Commission;
®       it is only for altruistic surrogacy purposes;
(c)       it is not for commercial purposes or for commercialization of
surrogacy or suITogacy procedures;
®       it is not for producing children for sale, prostitution or any other
form of exploitation; and
2.        Surrogacy  or  surrogacy procedures  shall  be  conducted,  undertaken,
performed or initiated, when the intending couple is in possession of a certificate of
essentiality issued by the Commission or its duly authorized representative,  after
satisfying following:
(a)           a certificate  of a medical  indication  in  favor of the  intending


couple necessitating gestational surrogacy from their attending physician;
(b)           the intending couple is married and between the age of23 to 50
years in case of the female and between 26 to 55 years in case of the male on
the day of certification;
(c)           the intending couple has not had any surviving child biologically
or through adoption or through surrogacy earlier: Provz.dec7, that, an intending
couple who has a child who is mentally or physically challenged or suffers
from life threatening disorder or fatal illness with no permanent cure or either
of the intending couple possesses any condition that may deter the normal
process  of procreation  as  may  be  specified  by  the  Commission  shall  be
qualified for surrogacy procedure; and
(d)           a medical insurance coverage of such amount and in such manner
as may be prescribed in favor of the sulTogate mother for a period of thirty-
six months covering postpartum delivery complications  from an  insurance
company recognized by the Insurance Commission.
3.        The surrogate mother is in possession of an eligibility certificate issued
by the Commission stating therein that:
(a)          she is an ever married woman having a child of her own, and
between the  age  of 25  to  35  years  on the  day  of implantation,  shall  be  a
surrogate mother or help in surrogacy by donating her egg or oocyte;
(b)          the  surrogate  mother  shall  only  perform  her  obligations  as
surrogate    willingly    and    voluntarily    without    any    compensation    or
remuneration;
(c)          the surrogate mother will not use her own gametes;
(d)          the  surrogate  mother  shall  only  participate  in  the  surrogacy


procedure once  in her lifetime: Provz.dec7, that, the number of attempts  for
surrogacy  procedures  on  the  surrogate  mother  shall  be  such  as  may  be
prescribed by the Commission; and
(e)          a certificate of medical and psychological fitness for surrogacy
and surrogacy procedure must have been done as certified by psychiatrist;
4.        The  intending  couple  shall  not  abandon  the  child,  born  out  of a
surrogacy procedure, for any reason, including but not limited to, any genetic defect,
birth defect, any other medical condition, the defects developing subsequently, sex
of the child or conception of more than one baby.
5.        A  child  born out of surrogacy procedure,  shall  be  deemed  to  be  a
biological child of the intending couple and the said child shall be entitled to all the
rights and privileges available to a natural child under existing laws.
6.        The number ofoocytes or human embryos to be implanted in the uterus
of the surrogate mother shall be such as may be prescribed by the Commission.
S;E;C. L1. Oyfenses and Penalties. ~
1.        In addition to acts or omissions already penalized by existing laws, the
following faults or omissions committed by any person in violation of the provisions
of this Act shall be punishable by imprisonment of at least 12 years and 1 day to 20
years (rec/c4sz.o# femporczD or a fine of not less than five hundred thousand pesos
(P500,000.00) but not more than five million pesos (P5,000,000.00), or both, such
imprisonment and fine, at the discretion of the court:
(a)      seeking or encouraging to conduct any surrogacy or surrogacy
procedures on a surrogate mother except for the purpose specifled in this Act;
(b)      conducting   assisted   reproductive   technology   or   surrogacy
procedures unless he has explained all known side effects and after effects of


such procedures to the surrogate mother; and obtained the written informed
consent of the surrogate mother to undergo such procedure;
(c)      undertaking  commercial  surrogacy  or  providing  commercial
surrogacy or its related component procedures or services in any form or run
an  organization  to  select  surrogate  mothers  or  use  individual  brokers  or
intermediaries to arrange for surrogate mothers and for surrogacy procedures
at such clinics, laboratories or in any other place;
(d)      abandoning, disowning or exploiting or causing to be abandoned,
disowned or exploited in any form the child or children born through assisted
reproductive technology or surrogacy;
(e)      importing or helping in getting imported in whatsoever manner,
the human embryos or human gametes;
(f)       exploiting  the  commissioning  or  intending  couple,  surrogate
mother or the gamete donor or the child born through surrogacy in any form;
(g)      transferring human embryo into a male person or an animal;
(h)      selling human embryo or gamete for the purpose of research or
surrogacy or run a clinic, bank,  laboratory,  agency or organization for the
purpose of selling, purchasing or trading human embryos or gametes for the
purpose of assisted reproductive technology or surrogacy;
(i)       conducting sex selection in any form for surrogacy or assisted
reproductive technology;
¢)       using  any  intermediates to  obtain  gamete  donors  or purchase
gamete donors; or


(k)      forcing the surrogate mother to abort at any stage of surrogacy
except in such conditions as may be prescribed.
2.        In addition to acts or omissions already penalized by existing laws, any
person  who  issues,  publishes,  distributes,  communicates  or  causes  to  be  issued,
published, distributed or communicated any advertisement in any manner including
internet, regarding surrogacy or assisted reproductive technology shall be punished
by imprisonment of at least 6 years and I day to  12 years ®rz.sz.o72 7"cp/or) or a fine
of not less than one hundred thousand pesos (P100,000.00) but not more than one
million pesos (P 1,000,000.00), or both, such imprisonment and fine, at the discretion
of the court.
3.        Where a representative, employee, agent, or any other person employed
by an assisted reproductive technology or surrogacy clinic or bank, or any individual
who violates of any of the provisions of this Act in connection with the business of
the said clinic or bank, in addition to the punishment of such violator, the certificate
of registration and permit to operate of such clinic or bank shall automatically be
cancelled.
4.        In addition to acts or omissions already penalized by existing laws, any
government official or employee who, by fault or omission, violates  any of the
provisions of this Act shall be perpetually disqualified from holding public office
with forfeiture of benefits in favour of the State.
SE:C. 12. Assistance Of Law Erforcement Agency. - Arry \aiw erforcerneul
agency shall, upon call or request of the Commission, render assistance in enforcing
the provisions of this Act including the rules and regulations promulgated thereunder
by prosecuting the violators thereof in accordance with law and the rules of court.
S;HC. L3. Congressional  Overnight  Committee  on Assisted  Reproductive
Technology and Surrogaey Regulation. - To rnowitor the ±rmplemeutzrdion of this
Act, there shall be a Congressional Oversight Committee on Assisted Reproductive
Technology and Surrogacy Regulation, composed of the Chair of the Committee on


Health and four (4) members of the House Committee on Science and Technology,
House Committee on Justice, House Committee on Women and Children and House
Committee on Human Rights four (4) members from the Senate including the  Chair
of the Committees on Health, Committee on Science and Technology, Committee
on Justice and Committee on Human RIghts. No part of this Act shall be construed
as  to  limit  the  oversight  powers  inherently  or  actually  possessed  by  the  same
committees.
SHC.    14.   ,4pproprj.a/I.o#s.    -    The    sum    of    1    Billion    Pesos    (Php
1,000,000.000.00) is hereby appropriated for implementation of the provisions of
this Act: Provz.dec7, that, such appropriation shall apply only when this Act is passed
before   the   Commission   could   be   given   appropriation   under   the   General
Appropriations Act of the nearest upcoming year.
Such  amounts  as  may  be  necessary  for  the  operating  expenses  of  the
Commission for the current calendar year is hereby authorized to be appropriated
out of any unappropriated funds in the National Treasury.
The yearly allocation equivalent to the yearly requirement for the operation of
the Commission shall be earmarked under the General Appropriations Act.
SHC.15. .4w/foorrty /a I/se J#co"c. -In addition to the annual appropriations
of the  Commission provided under the  Annual  General  Appropriations  Act,  the
Commission is hereby authorized to use its income not exceeding fifty (50°/o) of the
amount it generated per year for a period of five (5) years after the effectivity of this
Act  for the  operations  of the  Commission,  subject  to  the  usual  accounting  and
auditing requirements.
SEC.  16.  S/„jj7i#g.  -  The  Secretary  of Health,  in  consultation  with  the
Department of Budget and Management (DBM), shall determine the organizational
structures, qualification standards, staffing pattern and compensation of the newly
created Commission and other positions which are established under this Act in
accordance with existing laws, rules and regulations.


SE:C. 11. Implementing Rules and Regulations. -The Secrerfury o£ Hea.1th,
Department of Social Welfare and Development, Commission on Human Rights,
Philippine Commission on Women,  Council  for the  Welfare of Children and the
Philippine Society for Reproductive Medicine shall promulgate the necessary rules
and regulations within ninety (90) working days from the effectivity of this Act.
SEC. 18. Scpar¢bi./try CJ¢wsc. - lf any portion or provision of this Act is
subsequently declared invalid or unconstitutional, other provisions hereof which are
not affected thereby shall remain in full force and effect.
SEC.   19.  jRepc¢/i.#g  CJ¢wse.  -  Section  8  of  Republic  Act  No.   8552,
otherwise known as the "Domesfz.c .4c7opfz.o# .4cf a/J998" as amended by Republic
Act  No.10165,  otherwise  known  as  the  "Fosfer  Cczre 14cf  o/20/2"  is  hereby
amended. All other laws, acts, presidential decrees, executive orders, presidential
proclamations, issuances, rules and regulations, or parts thereof which are contrary
to  or  inconsistent  with  any  of the  provisions  of this  Act  are  hereby  repealed,
amended, or modified accordingly.
SHC. 20. E/grec/I.tjrty. -This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.
Approved,