Title

Who's your mommy: A study on the maternity of a child borne through gestational surrogacy

Date of Publication

2014

Document Type

Bachelor's Thesis

Degree Name

Bachelor of Science in Legal Management

Subject Categories

Family Law

College

Ramon V. Del Rosario College of Business

Department/Unit

Commercial Law

Thesis Adviser

Hilario S. Caraan

Defense Panel Chair

Edward P. Chico

Defense Panel Member

Arvin Jo
Antonio Lukban

Abstract/Summary

In the past few years the practice of gestational surrogacy in the Philippines has gained notoriety as a method for couples for acquiring children. A gestational surrogate mother is a woman that agrees to bear the genetic child of another. The influx of surrogacy has raised a new urgency, a new class of concerns regarding the proper delegation of a surrogate child's legal custody, because the Family Code of the Philippines provides that the basis of motherhood is birth and identity.

Literatures have argued that the birth mother is the mother, because of the materiality of the actual act of birth and its emotional bearing. On the other hand, sources firmly establish that genetics is the prevailing distinction, due to the fact that it is coupled with a valid contract that expresses the sole intention of entering a surrogacy contract.

This study provides a theory and framework on whom as between the birth mother and the genetic mother has a right over the custody of a child borne out of surrogacy in the Philippines.

Abstract Format

html

Language

English

Format

Print

Accession Number

TU19409

Shelf Location

Archives, The Learning Commons, 12F, Henry Sy Sr. Hall

Physical Description

125 leaves, 29 cm.

Keywords

Surrogate mothers--Legal status, laws, etc.--Philippines; Mothers--Legal status, laws, etc.--Philippines; Children of surrogate mothers--Legal status, laws, etc.--Philippines

Embargo Period

5-7-2021

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