The surrogacy process in the Philippines is caught at a crossroads between legal, moral and ethical values. With nearly 18% of the population living below the national poverty line, according to the Philippine Statistics Authority, women, especially single mothers, face severe financial constraints, which force them to alternate income sources. In the Philippines, single mothers trying to make two ends meet with a minimum wage that can be up to $10 a day, surrogacy opens the door to new possibilities. Surrogacy, conversely, gives a minimum of $10000 to $20,000 for experienced women. Though there are no laws governing surrogacy in the country, being a highly religious state, the church condemns the act of surrogacy as they believe children are the gift of God. The Catholics of the Philippines believe that surrogacy sees life as an object and is against the commodification of wombs. Couples struggling with infertility, members of the LGBTQ+ community, and single individuals hoping to become parents are turning to surrogacy to fulfil their dreams of having children.
Nevertheless, the practice continues to remain controversial. Surrogacy in the Philippines resembles a delicate bridge linking the dreams of becoming parents with the harsh realities of ethical issues and legal ambiguities. In the predominantly Christian Philippines, where laws and rules concerning surrogacy are unclear, the matter becomes even more complicated. For numerous young women, especially single mothers struggling with poverty, surrogacy frequently appears as a crucial source of financial assistance, contributing another aspect to this intricate discussion.
Traditional surrogacy involves using the surrogate’s egg, which makes her the biological mother, while gestational surrogacy uses eggs and sperm from the intended parents or donors, leaving the surrogate with no genetic link to the child. Numerous nations, including India, prohibited the commercialisation of surrogacy because of worries regarding the exploitation of at-risk women and cases in which intended parents abandoned the child in the womb. In a few states in the USA, surrogacy is allowed under strict regulations. This raises doubts over balancing the benefits of surrogacy and the potential for exploitation.
The Philippines attracts foreigners for surrogacy due to its low cost and their belief that Filipino genes are a good mix with majorly European genes. However, according to the Philippines law, the birth mother is considered the mother of the child. The only way for intended parents to own the child is through adoption, which is a time-consuming process with no guarantee. This often results in intended parents resorting to forging documents, a punishable offence under legal frameworks. The lack of laws regarding surrogacy also leads to no protection for the surrogate and women taking up surrogacy without a contract. Alternatively, many clinics send their surrogates abroad to countries such as the USA as they have more flexible laws. The clinics also partner with China to send their surrogates there even though surrogacy is illegal there as well. It is driven by factors such as infertility and the relaxation of the one-child policy in China and poses a lucrative market despite the legal risks.
The age for consent was 12 until 2022 before being raised to 16 to address the raising concerns. Often, without fully understanding the consequences of their actions, young girls get impregnated, giving rise to teenage pregnancies and complications due to being young. A lack of proper awareness and education often led these girls into relationships with men who were much older than them. Adding to this challenge, girls under the age of 18 are required to have parental consent to access contraception or undergo an HIV test, making it even harder for them to take control of their health and well-being. Early pregnancies disrupt their education, making it difficult for them to continue schooling and pursue opportunities that could improve their future. As a result, many young mothers financially depend on their partners, often working low-paying jobs to make ends meet. This dependency increases their vulnerability to domestic violence and traps them in cycles of poverty and limited opportunities, leaving them with little control over their lives. As per law, abortion is illegal under any circumstances, making it harder for women to leave their husbands once they get pregnant. The Philippines has one of the highest teenage pregnancy rates in Southeast Asia, with 47 births per 1,000 women aged 15–19 (UNFPA, 2021). Most women choose to become single parents due to domestic violence and start small businesses to fend for themselves.
Women in the Philippines are calling for more flexible surrogacy laws to protect both surrogates and intended parents. Despite its growing demand, surrogacy remains a taboo topic, forcing many women to engage in it discreetly. The Catholic Church opposes the practice, advocating adoption as the only alternative for those unable to conceive. However, with advancements in technology, legalising and regulating surrogacy has become crucial to safeguarding women’s rights and ensuring ethical practices. Poverty is a significant factor driving surrogacy in the Philippines. It often begins with girls being forced into motherhood at an early age. Many women later regret not having better awareness about reproductive health before becoming mothers. With the age of consent previously set at 12, it is crucial to introduce sex education in communities early. This will help young humans make better decisions, use contraception, and avoid unintended pregnancies. The lack of proper laws and regulations leaves women vulnerable to exploitation, including human trafficking. Many women feel compelled to keep the children who are abandoned by their intended parents, fearing religious condemnation and the illegality of abortion. Those in urgent need of abortions often resort to unsafe or illegal methods, endangering both their own lives and the lives of their unborn children. Strengthening laws and improving education are critical steps to address these challenges and ensure the safety and dignity of women.
To safeguard surrogates and promote ethical surrogacy practices, the Philippines needs to establish a thorough legal framework that outlines precise regulations for everyone involved. This framework must encompass enforceable agreements ensuring fair payment and safeguards for surrogates alongside healthcare services during the surrogacy journey. Surrogacy contracts ought to incorporate legal measures to establish parental rights, guaranteeing that the child’s identity, citizenship, and well-being are adequately protected. Without these laws, surrogates and intended parents remain exposed to potential exploitation and legal issues.
The Philippines ought to legalise abortion with stringent regulations to safeguard women’s health and autonomy, especially in instances where pregnancy threatens health or arises from coercion or abuse. Access to legal abortion would reduce unsafe practices and guarantee that women are not compelled into dangerous circumstances. Furthermore, thorough sex education ought to be given to students starting at a young age to prepare them with the understanding necessary to make educated choices regarding their bodies, relationships, and reproductive well-being. Alongside mandatory academic education until the age of 18, this would guarantee that young individuals, particularly females, possess the resources to prevent early pregnancies and other reproductive health issues. Contraception access ought to be broadly provided to students, allowing them to manage their reproductive health and make informed decisions. These changes will foster a safer, more encouraging atmosphere for women, lower the chances of exploitation in surrogacy, and enable future generations by offering improved educational and reproductive options. This serves as a reminder for all nations to establish proper laws and regulations, even on taboo topics, to protect their citizens and uphold national interests.
