Republic of the Philippines 
House of Representative 
Quezon City, Metro Manila 
Nineteenth Congress Second Regular Session 
HOUSE BILL NO. 10500 
Introduced by 
HON. SHERNEE A. TAN-TAMBUT 
Representative, Kusug Tausug Party List 
AN ACT 
PROVIDING FOR THE FRAMEWORK FOR THE CONDUCT AND 
REGULATION OF ASSISTED REPRODUCTIVE TECHNOLOGY (ART) 
AND SURROGACY PROCEDURES, 
AND APPROPRIATING FUNDS THEREFOR 
EXPLANATORY NOTE 
This bill seeks to provide a means to the incapable couples who seek to bear a 
child in order to complete their family life.  In so providing, this bill likewise intends 
to establish and protect the rights of a child born out of surrogacy procedure. 
It is worthy of mentioning that nowadays, too many couple find it hard to 
conceive children and the challenges in having artificial reproduction are present.  
Through this bill, the undersigned seeks to propose the establishment of a 
regulatory body to oversee the practice of ART and surrogacy in the country. This 
regulatory body will the promulgate rules and implement the necessary law in 
order to ensure that all parties are well informed and the procedures are maintained 
in accordance with established rules. 
Filiation and parental authority are likewise provided for in this bill. 
The enactment of an Assisted Regulatory Technology and Surrogacy 
Regulation Law is necessary for a regulated availment of this procedure to ensure 
safe, reliable and ethical implementation of ART and surrogacy in the Philippines. 
The approval of this is earnestly sought. 
SHERNEE A. TAN-TAMBUT 
June 3, 2024
10:37 pm


Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
Nineteenth Congress 
Second Regular 
Session 
HOUSE BILL NO.  10500 
Introduced by 
HON. SHERNEE A. TAN-TAMBUT 
Representative, Kusug Tausug Party List 
AN ACT 
PROVIDING FOR THE FRAMEWORK FOR THE CONDUCT AND 
REGULATION OF ASSISTED REPRODUCTIVE TECHNOLOGY (ART) 
AND SURROGACY PROCEDURES, 
AND APPROPRIATING FUNDS THEREFOR 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SEC. 1. Short title. — This Act shall be known as the Assisted Reproductive 
Technology and Surrogacy Procedure Regulation Act of 2023. 
SEC. 2. Declaration of Principles. — 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 establish 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. Definition of Terms. — Unless, otherwise, defined elsewhere in this 
Act, the following words or phrases shall mean: 
 
a. 
“advertisement’ includes any notice, circular, label, wrapper or any 
other document including advertisement through internet or any other media, in 
electronic or print form and also includes any visible representation made by any 
means including but not limited to wall-painting, signal light, sound, smoke or gas. 
 
b. 
“altruistic surrogacy’ 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. 
“artificial insemination” means the procedure of artificially 
transferring the husband or donor’s semen into the reproductive tract of a his wife; 
 
d. 
“assisted reproductive technology” with its grammatical variations and 
cognate expressions, means all techniques that attempt to obtain a pregnancy by 
handling the sperm or the oocyte outside the human body and transferring the gamete 
or the embryo into the reproductive system of a woman; 
 
e. 
“assisted reproductive technology bank’ means an entity or 
organization that is set up to supply sperm or semen, oocytes or oocyte donors to the 
assisted reproductive technology clinics or their patients; 
 
f. 
“assisted reproductive technology clinic” means any clinic 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; 
 
g. 
“child” means any individual born through the use of the assisted 
reproductive technology or surrogacy; 
 
h. 
“commercial surrogacy” 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; 
 
i. 
“commissioning couple” means an infertile married couple who seek 
the benefits of an assisted reproductive technology clinic or assisted reproductive 
technology bank for obtaining the services authorized of the said clinic or bank; 
 
j. 
“couple” as used in this act, means the legally married man and woman 
in accordance with applicable laws; 
 
k. 
“cryo-preserve” means the freezing and storing of gametes, zygotes and 
embryos; 
 
l. 
“egg” means the female gamete; 
 
 
m. 
“embryo” means a developing or developed organism after fertilization 
until fifty-five days thereafter; 
 
n. 
“embryologist” 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. 
“fertilization” means the penetration of the ovum by the spermatozoon 
and fusion of genetic materials resulting in the development of a zygote; 
 
p. 
“fetus” 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. 
“gamete” means sperm or the oocyte; 
 
r. 
“gamete donor” means a person who provides sperm or oocyte with the 
objective of enabling an infertile couple to have a child; 
 
s. 
“gestational surrogacy” 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. 
“implantation” means the attachment and subsequent penetration by the 
zona-free blastocyst which starts five to seven days following fertilization; 
 
u. 
“infertility” means the inability to conceive after one year of 
unprotected coitus or other proven medical condition preventing a couple from 
conception; 
 
v. 
“insurance” 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. 
“intending couple” means a couple one of which has a medical 
condition necessitating gestational surrogacy and who intend to become parents 
through surrogacy; 
 
x. 
“oocyte” means naturally ovulating female gamete in the female 
reproductive system; 
 
y. 
“parties” includes the commissioning or intending couple or surrogate 
mother and the gamete donors; 
 
z. 
“Pre-implantation Genetic Diagnosis” means the genetic diagnosis 
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-implantation Genetic testing” means a technique used to identify 
genetic defects in embryos created through in-vitro fertilization before pregnancy; 
 
bb. “registered medical practitioner” means a medical practitioner who 
possesses all medical qualifications as certified by the Philippine College of 
Physicians and the Professional Regulation Commission; 
 
cc. “retrieval’ means a procedure of removing oocytes from the ovaries of 
a woman; 
 
dd. 
“sperm” means the mature male gamete; 
 
ee. “screening” means the genetic test performed on embryos produced 
through in-vitro fertilization; 
 
ff. “surrogacy” 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. “surrogacy clinic” means a clinic, center or laboratory, conducting 
surrogacy services, in vifro fertilization services, genetic counselling, genetic 
laboratory, any clinical establishment, by whatsoever name called, conducting 
surrogacy procedures in any form; 
 
hh. “surrogacy procedures” means all gynecological, obstetrical or 
medical procedures, techniques, tests, practices or services involving handling of 
human gametes and human embryo in surrogacy; 
 
ii. 
“surrogate mother” means a woman 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. 
“zygote” means the fertilized oocyte prior to the first cell division. 
 
SEC. 4. Assistive Reproductive Technology and Surrogacy Regulation 
Commission. — 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. Composition. — The Commission shall be headed by one (1) full-time 
Chairperson and four (4) full-time Assistant Commissioners which shall be in 
charge for Luzon, Visayas, Mindanao and NCR 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 term of the Chairperson, the most senior of 
the Commissioners shall temporarily assume and perform the duties and functions 
of the Chairperson 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. 
 
SEC. 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. 
 
SEC. 7. Compensation 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. 
 
SEC. 8. Powers, Functions and Responsibilities of the Commission. — The 
powers, functions, and responsibilities of the Commission are as follows: 
 
 
(a) 
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 rules and regulations relative thereto; 


{b) 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; 
 
(d) 
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; 
 
(/) 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 flx 
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: Provided, 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: Provided, 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: Provided, 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; 


(/) To exercise administrative supervision over Assisted Reproductive 
Technology and Surrogacy clinics and banks and practitioners; 
 
(k) 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 Surrogacy; 
 
(f) To investigate and decide administrative matters involving 
officers and employees under the jurisdiction of the Commission; 
 
{m) To investigate mom proprio 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 
certificates of registration and recommend to the Professional Regulation 
Commission the suspension or revocation of the involved medical personnel’s 
professional license/identification cards; 
 
{n) To issue summons, subpoena and subpoena duces tecum 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; 
 
(p) 
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 carry 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; 


(q) 
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 afier 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; 
 
SEC. 9. Operation of Assisted Reproductive Technology and Surrogacy 
Clinics and Banks. — 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 of gametes 
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, inform 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 information 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 
competent jurisdiction; 
 
(f) 
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. 
 
 
(j) 
perform any treatment or procedure: Provided, 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. 
 
(l) 
use only human reproductive material to create a human embryo or use 
only an in-vitro human embryo for the sole purpose of procreation and completion 
of a family; 
 
(m) 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 platform 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: Provided, 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 gametes and embryos, they shall: 
 
(i) 
harvest oocytes in such manner as may be specified by the 
Commission; 
 
(ii) 
ensure that the number of oocytes 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: Provided, 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. 
 
SEC. 10. Conduct of surrogacy Procedure.. — 
 
1. 
Surrogacy procedures shall be conducted, undertaken, performed or 
availed of when: 
 
(a) 
an intending couple has a medical condition necessitating 
gestational surrogacy: Provided, that, a couple who intends to avail of 
surrogacy procedure shall obtain a certificate of recommendation from the 
Commission; 
 
(b) 
it is only for altruistic surrogacy purposes; 
 
(c) 
it is not for commercial purposes or for commercialization of 
surrogacy or surrogacy procedures; 
 
(d) 
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 of 23 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 common surviving child 
biologically or through adoption or through surrogacy earlier: Provided, 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 surrogate 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 except payment for lost income opportunities due to 
surrogacy; 
 
(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: Provided, 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. 
The number of oocytes or human embryos to be implanted in the uterus 
of the surrogate mother shall be such as may be prescribed by the Commission. 
 
SEC. 11. Filiation and Parental Authority 
 
1. 
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.   
2. 
Intending couple shall exclusively exercise parental authority over the 
child born out of surrogacy procedure.  Donors and surrogate mothers shall 
not enjoy parental authority nor qualify as heirs to the child born out of 
surrogacy procedure. 
 
SEC. 12. Offenses 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 {reclusion temporal) or a fine of not less than one million pesos 
(P1,000,000.00) 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 specified 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; 
 
(j) 
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 1 day to 12 years @rision mayor) or a fine of 
not less than one hundred thousand pesos (P100,000.00) but not more than one 
million pesos (Pl,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. 
 
SEC. 12. Assistance of Law Enforcement Agency. — Any law enforcement 
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. 
 
SEC. 13. Congressional Oversight Committee on Assisted Reproductive 
Technology and Surrogacy Regulation. — To monitor the implementation 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. 
 
SEC. 14. Appropriations. — The sum of 1 Billion Pesos (Php 
1,000,000.000.00) is hereby appropriated for implementation of the provisions of 
this Act: Provided, 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. 
 
SEC. 15. Authority to use Income. — 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%) 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. Staffing. — 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. 


SEC. 17. Implementing Rhee and Regulations. — The Secretary of Health, 
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. Separability Clause. — 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. Repealing Clause. — Section 8 of Republic Act No. 8552, 
otherwise known as the “Domestic Adoption Act of 1998” as amended by Republic 
Act No. 10165, otherwise known as the “Foster Care Act of 2012” 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. 
 
SEC. 20. Effectivity. — This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in a newspaper of general circulation. 
 
Approved,