Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

NINETEENTH CONGRESS
Third Regular Session

HOUSE BILL No._11259

Introduced by 4Ps Partylist Representative
JCM. 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


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 concems 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.

JCM. ABALOS
‘epresentative, 4Ps Partylist


Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Batasan Hills, Quezon City

NINETEENTH CONGRESS.
Third Regular Session

HOUSE BILL No._11253

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”.

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 shalll 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 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;

(©) 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;

() 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.

(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;

(i) Cryo-preserve is the freezing and storing of gametes, zygotes, and
embryos;

(k) Egg refers to the female gamete;

() 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;

(0) 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;

(*) 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;

(2) 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;

(cc) Retrieval is a procedure of removing oocytes from the ovaries of a
woman;

(dd) Sperm refers to the mature male gamete;

(ce) 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

i) 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.

‘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;

() 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;

(0) 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;

(€) 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;

(6) 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,
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;

()) 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;

(0) 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;

(®) 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;

(6) 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;

(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;

(©) 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;

(c) Ensure that information about the eligible and intending couple, gamete
donors, and surrogate is kept confidential and that details of treatment and
procedures shalll 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) Issue a discharge certificate to the eligible couple, gamete donors, and
surrogate, detailing the ART or surrogacy procedures performed;

(g) 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;

(h) 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;


(i) 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.

j) While using human gametes and embryos, they shall:
iB 8 ley
(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;

(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 as may be prescribed.

(k) 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;

(1) Cooperate and make available their premises for physical inspection by the
Commission;

(m) 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.

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;

(©) 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

(0) 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:

1. All parties involved must have been issued a document by the Commission
declaring their eligibility to undergo ART or surrogacy procedures;

2. 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;

3. 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;


4.

5.

The procedures shall not be undertaken for the purpose of producing children
for sale, prostitution, or any other form of exploitation;
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

. Shall be strictly for altruistic purposes and shall not be used for commercial

gain or commercialization of ART or surrogacy procedures,

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 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 except for the purpose specified in
this Act;

(b) Conducting ART or surrogacy procedures without explaining all
known side effects and aftereffects of such procedures to all

parties;

(0) Failing to obtain the written informed consent of all parties to
undergo such procedure or treatment;

(d) 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;

(c) 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;


(Q) Importing or helping in getting imported in whatsoever manner,
the human embryos or human gametes without permit or
certificate of approval by the Commission;

(g) Exploiting the intending or eligible couple, or surrogate, or the
gamete donor, or the child born through surrogacy in any form;

(h) Transferring human embryo into a male person or an animal;

(i) 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;

(k) Using any intermediates to obtain gamete donors or purchase
gamete donors; or

() Forcing the surrogate 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 (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.

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 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.


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 favor of the State.

SEC. 13. 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. 14. 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
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. Alll 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. Effectivity. The Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,