Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Batasan Hills, Quezon City 
TWENTIETH CONGRESS 
First Regular Session 
HOUSE BILL NO.  1037 
Introduced by 4Ps Partylist Representative 
JC M. ABALOS 
EXPLANATORY NOTE 
Recent advancements in Assisted Reproductive Technology (ART) and the 
increasing prevalence of surrogacy arrangements have presented both opportunities 
and challenges in addressing infertility and reproductive health issues globally. A 
study on Global Fertility care with assisted reproductive technology stated that, in 
2018 alone, approximately 670,000 infants were born through ART. Since its 
inception in 1978, it is estimated that around 60 million ART cycles have been 
performed globally, resulting in the birth of approximately 10 million infants. These 
procedures are now practiced in over 100 countries worldwide, showing its 
increasing use in reproductive healthcare. 
However, the Philippines is one of the countries that lacks a regulatory 
framework for ART and surrogacy practices, leaving them susceptible to abuse, 
exploitation, and unethical conduct. Notably, besides having no specific laws or 
regulations governing surrogacy in the country, the Family Code of the Philippines 
only recognizes artificial insemination in the context of reproduction and fertility 
treatments. This exposes the ART and surrogacy procedures to potential risks, 
including the exploitation of surrogate mothers, particularly those from 
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economically disadvantaged backgrounds, and the unchecked commercialization of 
gametes. 
Moreover, the rights of children born through these technologies are also at 
risk. As emphasized in the United Nations Convention on the Rights of the Child, 
every child, including those born through ART or surrogacy, has the inherent right to 
citizenship, identity, and parental care. The United Nations Children's Fund 
(UNICEF) has highlighted the need for regulation in this area, noting that while ART 
and surrogacy offer hope to intending couples and individuals, the unregulated 
nature has led to compromised surrogate rights, endangered child welfare, and 
exploitation of the mother and child by intermediaries. 
In the Philippines, instances of unsafe medical practices, human trafficking, 
and unscrupulous surrogacy arrangements have already occurred, further 
underscoring the urgent need for legal intervention. Thus, this proposed measure 
seeks to address these concerns by establishing a comprehensive legal framework to 
regulate ART and surrogacy practices in the country. It aims to ensure that these 
practices are conducted ethically, safely, and with respect for the rights and welfare 
of all parties involved, including intended parents, surrogates, and most importantly, 
the children born through these procedures. The bill also proposes the creation of a 
dedicated regulatory body to oversee and enforce the standards and regulations 
governing ART and surrogacy in the country. Considering the increasing popularity 
of ART and surrogacy practices and the pressing need for appropriate regulation, 
this bill is both timely and necessary. 
Therefore, the immediate passage of this measure is earnestly sought. 
 
 
 
    JC M. ABALOS 
Representative 
            4Ps Partylist 
 
 
 
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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Batasan Hills, Quezon City 
TWENTIETH CONGRESS 
First Regular Session 
HOUSE BILL NO.  1037 
Introduced by 4Ps Partylist Representative 
JC M. ABALOS 
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:​
SECTION 1.  Short Title. – This Act shall be known as the “Assisted 
Reproductive Technology and Surrogacy Regulation Act of 2024”.  
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 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. 
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SEC. 3. Definition of Terms. — Unless, otherwise, defined elsewhere in this 
Act, the following words or phrases shall mean: 
 
(a)​Advertisement is any form of presentation, communication, or making 
available to the public with the intent to inform, disseminate, or circulate 
information regarding Assisted Reproductive Technology (ART) or surrogacy 
through any means, including but not limited to, mass media, digital media, 
notices, print forms, broadcasts, electronic communications, or visible 
representations. 
 
(b)​Altruistic surrogacy is a surrogacy arrangement that does not involve any 
reward, charges, fees, remuneration, or monetary incentive of any kind, 
except for the medical expenses and other prescribed expenses incurred 
during the surrogacy process, which may include, but not limited to, those 
associated with the pregnancy or birth, assessments or expert advice related 
to the arrangement or achieving pregnancy of the surrogate, medical 
expenses, lost earnings due to leave of absence taken for medical reasons 
during the pregnancy of the surrogate, and reasonable expenses for 
psychological counseling; 
 
(c)​Artificial insemination is the procedure of artificially transferring the husband 
or donor’s semen into the reproductive tract of his wife; 
 
(d)​Assisted reproductive technology (ART), with its grammatical variations and 
cognate expressions, is 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 is 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 is 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 is any individual born into or through the use of ART or surrogacy 
procedure who shall be deemed the biological child of the eligible couple and 
shall be entitled to all rights and privileges of a natural child under existing 
laws. 
 
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(h)​Commercial surrogacy is the commercialization of surrogacy services or 
procedures, or any component thereof, where the surrogate, surrogate's 
dependents, representatives, or any person involved in the surrogacy process, 
receives any payment or valuable consideration beyond the medical and 
prescribed expenses incurred, including, but not limited to, the sale or 
purchase of human embryos or gametes, or the selling, buying, or trading of 
surrogacy services through the provision of payment, reward, benefit, fees, 
remuneration, or monetary incentive in cash or kind to the surrogate, her 
dependents, her representatives, or any person participating in the surrogacy 
process. 
 
(i)​ Eligible couple is a couple, either married or in a de facto relationship,  
whereby both individuals are at least twenty-five years old, and granted a 
document by the Commission declaring their eligibility to undergo ART or 
surrogacy as provided by Section 10 of this act;  
 
(j)​ Cryo-preserve is the freezing and storing of gametes, zygotes, and embryos; 
 
(k)​Egg refers to the female gamete; 
 
(l)​ Embryo refers to a developing or developed organism after fertilization until 
fifty-five days thereafter; 
 
(m)​
Embryologist is a person who possesses any postgraduate 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; 
 
(n)​Fertilization is the penetration of the ovum by the spermatozoon and fusion of 
genetic materials resulting in the development of a zygote; 
 
(o)​Fetus refers to a human organism during the period of its development 
beginning on the fifth-seventh day following fertilization and ending at birth 
or abortion; 
 
(p)​Gamete refers to the sperm or the oocyte; 
 
(q)​Gamete donor is a person, related or unrelated to the eligible couple, who 
provides sperm or oocyte with the objective of enabling an infertile couple to 
have a child; 
 
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(r)​ Gestational surrogacy is the practice whereby a surrogate carries to full term a 
child not genetically related to her, through the implantation of an embryo in 
the surrogate’s womb from either the gamete of the eligible couple or a donor;  
 
(s)​ Human deoxyribonucleic acid (DNA) is the molecule responsible for carrying 
genetic information essential for the development and functioning of an 
organism; 
 
(t)​ Implantation refers to the attachment and subsequent penetration by the 
zona-free blastocyst which starts five to seven days following fertilization; 
 
(u)​Infertility is the inability of an individual to conceive after one year of 
unprotected coitus or other proven medical condition preventing a couple 
from conception; 
 
(v)​Insurance refers to an arrangement by which a company or insurer provides 
the eligible couple 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 and such other prescribed expenditures incurred during the process 
of ART or surrogacy; 
 
(w)​Intending couple is a couple who, due to infertility or inability to conceive, 
formally submits to the Commission their application for eligibility to 
undergo ART or surrogacy procedure;  
 
(x)​Oocyte refers to the naturally ovulating female gamete in the female 
reproductive system; 
 
(y)​Parties includes the eligible couple and surrogate or gamete donors; 
 
(z)​Pre-implantation genetic diagnosis is 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 is a technique used to identify genetic 
defects in embryos created through in-vitro fertilization before pregnancy; 
 
(bb)​
Registered medical practitioner is a medical practitioner who possesses all 
medical qualifications as certified by the Philippine College of Physicians and 
Professional Regulation Commission; 
 
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(cc)​
Retrieval is a procedure of removing oocytes from the ovaries of a woman; 
 
(dd)​
Sperm refers to the mature male gamete; 
 
(ee)​
Surrogacy is the practice whereby a surrogate carries and gives birth to a 
child for an eligible couple, with the intent of relinquishing custody and 
parental rights of the child to the eligible couple immediately following birth; 
 
(ff)​Surrogacy clinic is a center or laboratory conducting surrogacy services, in 
vitro fertilization services, genetic counseling, genetic laboratory, any clinical 
establishment, by whatever name called, conducting surrogacy procedures in 
any form; 
 
(gg)​
Surrogacy procedures are all gynecological, obstetrical or medical 
procedures, techniques, tests, practices or services involving handling of 
human gametes and human embryo in surrogacy; 
 
(hh)​
Surrogate is a woman who meets the conditions set forth by the 
Commission and agrees to carry a child in her womb for the eligible couple, 
through gestational or traditional surrogacy, until the birth of the child; 
 
(ii)​Traditional surrogacy is a practice whereby the surrogate, whose egg cell is 
fertilized with the gamete of either the intending father or a gamete donor, 
carries to full term a child for the eligible couple; and 
 
(jj)​Zygote means the fertilized oocyte before the first cell division. 
 
SEC. 4. Assisted Reproductive Technology and Surrogacy Regulation 
Commission. – There is hereby created a three-member commission to be known as 
the Assisted Reproductive Technology and Surrogacy Regulation Commission, 
hereinafter referred to as the Commission, which shall be attached to the Department 
of Health (DOH) for general direction and coordination. 
 
SEC. 5. Composition. – The Commission shall be headed by one (1) full-time 
Chairperson and two (2) full-time Commissioners, all appointed by the President for 
a term of seven (7) years, without reappointment, starting from the time they assume 
office. Appointments to a vacancy occurring before the expiration of a 
Commissioner's term shall cover only the unexpired term of the immediate 
predecessor. Upon the expiration of the Chairperson's term, the most senior 
Commissioner shall temporarily assume and perform the duties and functions of the 
Chairperson until a permanent Chairperson is appointed by the President. 
 
7 


The Chairperson or Commissioner shall be at least forty (40) years of age, 
hold 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, have at least five (5) years of experience, and 
have distinguished themselves in Assisted Reproductive Technology and/or 
Surrogacy practice. 
 
SEC. 6. Exercise of Powers and Functions of the Commission. —The 
Chairperson and members of the Commission shall sit and act as a body to exercise 
the general administrative, executive, and policy-making functions of the 
Commission. 
 
The Chairperson shall serve as the presiding officer and chief executive officer 
of the Commission. As the presiding officer, he/she shall oversee the meetings of the 
Commission acting as a collegial body. As the chief executive officer, he/she shall be 
responsible for implementing the policies and programs adopted by the Commission 
for its general administration. He/she shall perform such other activities as 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; 
 
8 


(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; 
 
(f)​ 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: Provided, that, such 
changes shall not affect the employment status of the incumbents, reduce 
their ranks and/or salaries nor shall result in their separate 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, 
9 


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; 
 
(j)​ 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; 
 
(l)​ To investigate and decide administrative matters involving officers and 
employees under the jurisdiction of the Commission; 
 
(m)​
To investigate motu 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; 
10 


 
(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 
after the close of each calendar year and make appropriate recommendations 
on issue 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 (ART) 
and Surrogacy clinics and banks, they shall perform the following duties, namely: 
 
(a)​Ensure that the intending couple, gamete donors, and surrogate meet the 
eligibility criteria to undergo ART or surrogacy procedures as prescribed by 
the Commission and issue a document declaring the eligibility of the 
intending couple: Provided, that the intending couple, although capable of 
conceiving a child, is highly likely that the child would be affected by a 
genetic abnormality or disease, or is unable to conceive a child; 
11 


 
(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 counseling to the intending couple, gamete donors, and 
surrogates regarding all implications and chances of success associated with 
ART and surrogacy procedures, including informing them of the advantages, 
disadvantages, and costs of the procedures, medical side effects, and the risk 
of multiple pregnancies, and assisting them in arriving at an informed 
decision on such matters that would most likely be in their best interest before 
deciding to undergo ART or surrogacy; 
 
(d)​Ensure that the intending couple, gamete donors, and surrogate are made 
aware of the rights of a child born through the use of ART or surrogacy before 
deciding to undergo any procedure or treatment; 
 
(e)​Ensure that information about the eligible and intending couple, gamete 
donors, and surrogate is kept confidential and that details of treatment and 
procedures shall not be disclosed to anyone pursuant to the Data Privacy Act 
of 2012 except to the national registry maintained by the Commission, in cases 
of medical emergency at the request of the eligible couple concerned, or 
pursuant to an order of a court of competent jurisdiction; 
 
(f)​ Maintain a grievance committee to address matters related to such clinics and 
banks, and establish the procedure for filing complaints before this grievance  
committee, subject to the rules and regulations prescribed by the Commission; 
 
(g)​Issue a discharge certificate to the eligible couple, gamete donors, and 
surrogate, detailing the ART or surrogacy procedures performed; 
 
(h)​Cooperate and make available their premises for physical inspection by the 
Commission;  
 
(i)​ Periodically provide the Commission with all information related to the 
eligible couple, surrogate, and gamete donors, including details of the 
procedure being undertaken, the outcome of the procedure, and any 
complications, as may be prescribed. 
 
(j)​ 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; 
 
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(k)​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; 
 
(l)​ 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 all information available in relation to the 
progress of the procedures conducted to the eligible couple and 
surrogate; 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 of ten years, such clinic and bank shall immediately transfer the 
records to the National Archive; and 
 
(iv)​
Ensure the same be made available for inspection by the Commission. 
 
(m)​
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 surrogate during the treatment cycle shall be such as 
may be specified by the Commission; 
 
(iii)​
Ascertain that a surrogate 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; 
 
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(v)​
Ascertain that embryos shall not 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 as a basis for 
intentional abortion but can be a basis to stop the surrogacy or IV; 
 
(viii)​
Such other duties may be prescribed.  
 
​
SEC. 10. Eligibility for Assisted Reproductive Technology and Surrogacy 
Procedure. — The Commission shall perform a thorough evaluation to determine the 
eligibility for Assisted Reproductive Technology (ART) or surrogacy and issue a 
document declaring their eligibility based on the following: 
 
1.​ Eligibility for Intending Couples. – An intending couple shall be eligible if: 
(a)​Married or in a de facto relationship and both individuals are between 
the ages of 25 and 50 years old on the day of certification; 
(b)​Assessed and issued medical certificates by a medical practitioner and 
a clinical psychologist indicating their overall physical and mental 
well-being to suitably participate in the ART or surrogacy procedure 
and capability to care for a child; 
(c)​Agrees through a written instrument not to abandon the child born 
from ART or surrogacy for any reason, including but not limited to 
genetic defects, birth defects, other medical conditions, the child's sex, 
or the conception of multiple babies; and 
(d)​For surrogacy procedures, the intending couple must obtain medical 
insurance coverage, as may be prescribed, in favor of the surrogate, 
from an insurer recognized by the Insurance Commission. 
 
2.​ Eligibility for Gamete Donors. – A gamete donor shall be eligible if: 
(a)​Undergoes medical testing and screening to determine the medical 
viability of the sperm or egg and certified by the Commission as 
suitable for donation;  
(b)​Assessed and issued medical certificates by a medical practitioner and 
a clinical psychologist indicating their overall physical and mental 
well-being to donate gametes; and 
14 


(c)​Issue an affidavit stating their willingness to voluntarily donate, 
without any compensation or remuneration from the procedure.  
 
3.​ Eligibility for Surrogates. – A surrogate shall be eligible if: 
(a)​At least 25 years old and has ideally given birth to a live child, unless 
the Commission is satisfied that exceptional circumstances exist 
warranting dispensation of this requirement; 
(b)​Assessed and issued medical certificates by a medical practitioner and 
a clinical psychologist indicating their overall physical and mental 
well-being to suitably participate in the surrogacy procedure; and 
(c)​Issue an affidavit stating their willingness to voluntarily perform her 
obligations as a surrogate, without any compensation or remuneration 
from the procedure. 
 
The surrogate shall only participate in the surrogacy procedure once in 
her lifetime, with the number of attempts for surrogacy procedures on the 
surrogate as may be prescribed by the Commission;  
 
SEC. 11. Conduct of Assisted Reproductive Technology and Surrogacy 
Procedures. – Assisted Reproductive Technology (ART) and surrogacy procedures 
shall be conducted, undertaken, performed, availed, or initiated only under the 
following conditions: 
(a)​All parties involved must have been issued a document by the Commission 
declaring their eligibility to undergo ART or surrogacy procedures; 
 
(b)​All parties shall issue a written informed consent to be submitted to the ART 
or surrogacy clinic or bank where the treatment or procedure shall be 
performed; 
 
(c)​Insurance coverage of such amount and for a period as prescribed, in favor of 
the oocyte donor or surrogate, shall be underwritten by the eligible couple 
from an insurer recognized by the Insurance Commission; 
 
(d)​The procedures shall not be undertaken for the purpose of producing children 
for sale, prostitution, or any other form of exploitation; 
 
(e)​To establish Filipino citizenship and the legal principle of Jus sanguinis, the 
ART or surrogacy procedure shall utilize either or both the sperm or egg 
possessing Filipino deoxyribonucleic acid (DNA); and 
 
(f)​ Shall be strictly for altruistic purposes and shall not be used for commercial 
gain or commercialization of ART or surrogacy procedures. 
15 


 
SEC 12. Granting Philippine Citizenship to Surrogate Children Born to 
Filipino Surrogate Mothers Whose Intending Parents Are Unidentifiable. — A child 
born through surrogacy shall be presumed to be a natural-born Filipino citizen if:  
(a)​The surrogate mother is a Filipino citizen, whether residing in the 
Philippines or abroad at the time of birth; 
(b)​The child is born either within or outside Philippine territory; 
(c)​The intending parents or commissioning parties are: 
(i)​
Unidentifiable or unknown, 
(ii)​
Have abandoned the surrogacy arrangement, or 
(iii)​
Have refused to acknowledge or assume parental responsibility; 
(d)​The child is physically present in the Philippines, and is under the 
custody of the Filipino surrogate mother, a  guardian, or the State; and 
(e)​The Department of Social Welfare and Development (DSWD), in 
coordination with the Bureau of Immigration (BI) and Department of 
Justice (DOJ), certifies the above conditions through an administrative 
procedure. 
 
SEC. 13. Offenses and Penalties.  
(a)​In addition to acts or omissions already penalized by existing laws, the 
following acts are unlawful and shall be penalized by imprisonment of 
at least 12 years and 1 day to 20 years (reclusion temporal) 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: 
(i)​
Seeking or encouraging to conduct any surrogacy or surrogacy 
procedures on a surrogate except for the purpose specified in 
this Act; 
(ii)​
Conducting ART or surrogacy procedures without explaining all 
known side effects and aftereffects of such procedures to all 
parties; 
(i)​
Failing to obtain the written informed consent of all parties to 
undergo such procedure or treatment; 
(ii)​
Undertaking commercial surrogacy or providing commercial 
surrogacy or its related component procedures or services in any 
form or running an organization to select surrogate or using 
individual brokers or intermediaries to arrange for surrogate 
and for surrogacy procedures at such clinics, laboratories or in 
any other place; 
(iii)​
Abandoning, disowning or exploiting or causing to be 
abandoned, disowned or exploited in any form the child or 
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children born through assisted reproductive technology or 
surrogacy;  
(iv)​
Importing or helping in getting imported in whatsoever manner, 
the human embryos or human gametes without permit or 
certificate of approval by the Commission; 
(v)​
Exploiting the intending or eligible couple, or surrogate, or the 
gamete donor, or the child born through surrogacy in any form; 
(vi)​
Transferring human embryo into a male person or an animal; 
(vii)​
Selling human embryos or gametes for the purpose of research 
or surrogacy or running 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; 
(ii)​
Using any intermediates to obtain gamete donors or purchase 
gamete donors; or 
(iii)​
Forcing the surrogate to abort at any stage of surrogacy except 
in such conditions as may be prescribed. 
 
(b)​In addition to acts or omissions already penalized by existing laws, any 
act of discrimination or the making of disparaging remarks against a 
child, an intending parent, a surrogate, or a gamete donor, which acts 
are committed by reason of their involvement in or relation to assisted 
reproductive technology, shall be unlawful. Such acts shall be 
penalized by imprisonment of arresto menor (six (6) days to thirty (30) 
days) or a fine of Three Thousand Pesos (P3,000.00); or, depending on 
the severity of the offense and at the discretion of the court, by 
imprisonment of arresto mayor (one (1) month and one (1) day to six (6) 
months) or a fine of Twenty Thousand Pesos (P20,000.00), or both, such 
imprisonment and fine. 
 
(c)​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 (prision mayor)  or a fine of not less than 
one hundred thousand pesos (P100,000.00) but not more than once 
million pesos (P1,000,000.00), or both, such imprisonment and fine, at 
the discretion of the court. 
 
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(d)​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 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 canceled. 
 
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 favor of the State. 
 
​
SEC. 14. Assistance of the 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. 15. 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, 
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. 15. Appropriations. — The sum of 1 Billion Pesos (P1,000,000,000.00) 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 operations 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. 16. Authority to Use Income. — In addition to the annual appropriations 
of the Commission provided under the Annual General Appropriations Act, the 
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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. 17. 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 that are established under this Act in 
accordance with existing laws, rules and regulations. 
 
​
SEC. 18. Implementing Rules 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. 19. Separability Clause. – If 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. 20. 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. 21. Retroactive Application. —This Act shall apply retroactively to all 
children born through surrogacy or assisted reproductive technology (ART) 
arrangements prior to the effectivity of this law, where:  
(a)​The child was born through a surrogacy or ART arrangement involving a 
Filipino or foreign surrogate mother; 
(b)​The intending parents are identifiable, legally capable, and willing to assume 
parental responsibility; 
(c)​At least one of the intending parents is a Filipino citizen at the time of the 
child’s birth; 
(d)​The child is now physically present in the Philippines, or under the care of the 
Filipino intending parent or a legal guardian residing in the Philippines; and 
(e)​There has been no previous legal recognition of the parental relationship due 
to the absence of an enabling law at the time of the child’s birth.  
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Upon petition by the Filipino intending parent or the legal guardian, and 
subject to verification and compliance with the safeguards provided under this Act, 
the Department of Social Welfare and Development (DSWD), in coordination with 
the Department of Justice (DOJ) and the Bureau of Immigration (BI), shall facilitate 
the recognition of legal parentage and the grant of Philippine citizenship to the child.  
 
The child shall be entitled to recognition as a natural-born Filipino citizen, 
consistent with the principle of jus sanguinis and the provisions of this Act. The 
Philippine Statistics Authority (PSA) shall accordingly issue the appropriate civil 
registry and citizenship documents.  
 
SEC. 22. Effectivity. — The Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in a newspaper of general circulation. 
 
 
 
Approved, 
 
 
 
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