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Landmark Bill Filed: The Philippines Surrogacy Regulation Act Aims to Protect Mothers and Children

Landmark Bill Filed: The Philippines Surrogacy Regulation Act Aims to Protect Mothers and Children

The Philippines Surrogacy Regulation Act aims to establish the country’s first legal framework for assisted reproductive technology. The bill seeks to protect surrogate mothers, combat exploitation, and ensure legal recognition and rights for children born through surrogacy while regulating IVF and other ART procedures nationwide.

By FertilityIn

18 Mar 2026

3 min read

Surrogacy Regulation Act

Surrogacy Regulation Act

In a significant step toward modernising family law and reproductive health, House Bill No. 8467 has been filed to establish the nation’s first comprehensive legal framework for assisted reproductive technology (ART). Authored by 1Tahanan Partylist Representative Nathaniel Oducado, the Philippines Surrogacy Regulation Act seeks to provide a safe, regulated pathway for couples struggling with infertility while aggressively combating the exploitation of marginalised women.


The legislation, filed on March 11, 2026, arrives at a critical time as the Philippines currently lacks specific laws governing surrogacy arrangements. According to Oducado, this legislative vacuum has fostered a dangerous and unregulated "grey market" where impoverished women are often trafficked and recruited under fraudulent terms. These surrogate mothers frequently face medical abandonment and are left to navigate lasting physical and psychological trauma without legal protection or support. By formalising these medical procedures, the Philippines Surrogacy Regulation Act intends to bring these practices out of the shadows and into a transparent system that respects human dignity and prevents the unethical commodification of human life.


One of the most transformative aspects of the bill is its focus on the "best interest of the child", defined as the totality of circumstances most beneficial for their survival and development. Presently, children born via surrogacy in the Philippines often exist in a state of legal uncertainty, disconnected from their intended parents regarding citizenship, filiation, and custody. The Philippines Surrogacy Regulation Act would ensure that these infants are legally recognised as the legitimate children of their intended parents from the moment of birth, providing them with immediate rights to identity and state protection.


To manage these complex arrangements, the measure proposes the establishment of a Surrogacy Regulation Board tasked with overseeing all ART procedures, including in vitro fertilisation and gamete donation. To prevent commercialisation, the bill sets strict limits on financial compensation and mandates that surrogate mothers receive comprehensive health and life insurance. Furthermore, the legislation stipulates that any coercive or fraudulent recruitment into surrogacy will be prosecuted as a form of human trafficking.


Representative Oducado emphasised that the proposal is grounded in Article XV, Section 3(2) of the Constitution, which mandates the State to defend the rights of children. As the House of Representatives prepares for committee deliberations in the coming weeks, Oducado has welcomed input from medical experts, legal scholars, and advocacy organisations to refine the landmark measure. This bill offers a beacon of hope for aspiring families while ensuring the process remains ethical and protected under the law

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