THIRTEENTH CONGRESS OF T H E  REPUBLIC 
) 
OF THE PHILIPPINE 
1 
First Regular Session 
) 
S E N A T E  
4 
S. No. 
Introduced by Senator S. R. Osmefia 111 
EXPLANATORY NOTE 
Surrogate parenting is a,remedy that is sometimes resorted to by married 
couples confronted with an infertility crisis. In this arrangement, a woman agrees 
to conceive a child in her womb, to be given away after birth for a consideration. 
Although childlessness is really a bane to a couple joined together in 
marriage, it is not an acceptable justification for making a travesty of the 
institution of marriage and the family. Surrogate motherhood commercializes 
what should have been an intimate marital relationship between two persons 
planning to build a family, and reduces woman to the status of breeding animals, 
their wombs offered for rent, and their offspring sold on the market in much the 
same manner as livestock. Commercial surrogate is an affront to the respect for 
life and the human individual and the sanctity of the family that is enshrined in 
our constitution and in our very life as a nation. 
Although these perversions are more widespread in more affluent 
countries that are presently suffering from demographic crises such as 
population implosion and the aging problem, it is not as distant to our shores as 
one might imagine them to be. 
The vast strides in transportation and 
communication has reduced the world into a global village, and already there 
have been reported cases of trafficking in babies in our own cities for export to 
foreign countries. 
If there is one thing that the Filipino continues to be proud of today, it is 
the sound family values that continue to nurture our young until they become 
responsible citizens of our country and of the world. This bill seeks to protect the 
family values that we hold dear, and that will keep our people strong in the face 
of the moral decay that seems to be threatening this modern world in which we 
live. 
In view of the foregoing, early passage of the above is earnestly 
requested. 
SERGIO OSMEfiA 111 
Senator 


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I t i ;  
THIRTEENTH CONGRESS OF THE REPUBLIC 
1 
First Regular Session 
1 
OF THE PHILIPPINES 
) 
39 
JljN 
a i  I 4 
E N A T E  
S. No. 
Introduced by Senator S. R. Osmefia I l l  
AN ACT 
PROHIBITING SURROGATE MOTHERHOOD INCLUDING INFANT SELLING 
AND PROVIDING PENALTIES THEREFORE 
Be it enacted by the Senate and House of Representatives of the Philippine in 
Philippines in Congress assembled: 
SECTION 1. It shall be unlawful for any woman capable of motherhood to 
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agree, verbally or in writing, with any person, whether natural or juridical, to 
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become a surrogate mother, with or without consideration, or to sell her offspring. 
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It shall also be unlawful for any person to be a party to such an agreement, 
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whether 
as 
a 
physician, 
nurse, 
medical technologist, 
agent, 
broker, 
representative, middleman or in any similar capacity. 
SECTION 2. A woman is said to have agreed to become a surrogate 
mother when she agrees to conceive a child naturally or artificially, by her own 
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lawful husband or otherwise, for the purpose of giving that child away after birth, 
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or while already conceiving shall agree to give away the child after birth, to 
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another person with the intention of giving up permanently all her paternal rights, 
love and affection over the child. 
SECTION 3. The penalty of five (5) years imprisonment plus a fine of Ten 
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13 
Thousand Pesos (Pl0,OOO) shall be imposed upon both the woman who shall 
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agree to become a surrogate mother or shall sell her infant and the person who 
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shall have contracted with her. The penalty of two (2) years imprisonment plus a 
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fine of Five Thousand Pesos (P5,OOO) shall be imposed upon the physician, 
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nurse, 
medical technologist, agent, broker, 
representative or middleman: 
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Provided, That if the offender is a foreigner, his Philippine visa shall be cancelled 
.I. 
and he shall be deported only after serving his sentence. 
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SECTION 4. This Act shall take fifteen (15) days after its publication in two 
(2) national newspapers of general circulation. 
Approved, 
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