Surrogacy is a process that involves a surrogate mother carrying a child for an intended parent or couple. Surrogacy is not yet widely accepted in the Philippines, however, it is slowly gaining popularity as an option for couples who are struggling with infertility.
If you are considering surrogacy in the Philippines, it is important to understand the legal framework surrounding the process. A surrogacy agreement is a legal document that outlines the terms and conditions of the surrogacy arrangement between the intended parents and the surrogate mother.
In the Philippines, surrogacy agreements are not yet regulated by law. However, there are some guidelines that have been established by the Department of Health (DOH). According to DOH, surrogacy should only be considered as a last resort for couples who have exhausted all other options for conceiving a child.
In addition, the surrogate mother must be at least 25 years old and have given birth to at least one child. The intended parents must also undergo counseling sessions to ensure that they fully understand the legal and emotional implications of surrogacy.
A surrogacy agreement should include several key provisions. First, it should clearly state the roles and responsibilities of the intended parents and the surrogate mother. This includes things like medical expenses, compensation, and communication between the parties.
The agreement should also outline the conditions under which the surrogate mother will carry the child. This includes things like the number of embryos that will be transferred, the medical procedures that will be used, and any restrictions on the surrogate mother’s activities.
Finally, the agreement should include provisions for the care of the child after birth. This includes things like custody arrangements, visitation rights, and parental rights and obligations.
If you are considering surrogacy in the Philippines, it is important to work with an experienced attorney who can help you navigate the legal landscape. Your attorney can help you draft a surrogacy agreement that protects your rights and the rights of the surrogate mother.
Overall, surrogacy is a complex and emotional process. However, with the right legal and emotional support, it can be a viable option for couples who are struggling with infertility.