Date of Publication

4-2015

Document Type

Master's Thesis

Degree Name

Juris Doctor

Subject Categories

Civil Rights and Discrimination | Family Law

College

College of Law

Department/Unit

Law

Thesis Adviser

Jocelyn P. Cruz

Abstract/Summary

Surrogacy has now become an option for many childless couples to have their own child. This is made possible by advances in reproductive technology. Given that the incidence of infertility amongst women has risen globally, surrogacy can provide the way for them to have a child. However our laws do not provide specific laws on surrogacy and only recognizes the use of artificial insemination as an artificial means of procreation. There are two kinds of surrogacy, traditional and gestational. In traditional the egg of the surrogate mother is used while in gestational there is no genetic link between the surrogate mother and the child. For the purpose of this thesis, it will focus only on gestational surrogacy because there is a genetic link between the child and the intended parents. This happens because either or both of the intended parents provide the genetic material to be implanted on the surrogate. In countries including UK, Ireland, Denmark and Belgium surrogacy is allowed where there is no compensation or only reasonable compensation is given. However many countries still have no clear legislation on surrogacy. There have been many incidences wherein the parties have resorted to legal action to be recognized as rightful parents and custody of the child. In addition there have been incidents wherein children born by the surrogate mother are left behind by parents because of abnormalities or change of mind.

Abstract Format

html

Language

English

Format

Electronic

Accession Number

TG05837; CDTG005837

Keywords

Surrogate motherhood—Law and legislation—Philippines

Upload Full Text

wf_yes

Embargo Period

9-28-2022

Download

Share

COinS