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Meanwhile, other ARTs are not regulated by law, nor are the rights and duties of
the participants and the resulting offspring set out. This is the case despite the use of
particularly surrogacy by notable Filipinos such as Joel Cruz and Vicki Belo. This bill aims
to fill in these gaps. The bill settles issues of parental authority, legitimacy, support, and
succession by binding the parents into their contract to use identified ARTs and
preventing them from rescinding the contract and disowning the child conceived and born
through said technologies.
The law also regulates the donation and use of gametes (reproductive cells) of the
participants and penalizes unauthorized use of said cells. The donor of such cells and the
surrogate are not considered under this bill as the parents of children conceived and born
through ARTs. Finally, this bill prohibits human cloning for reproductive purposes.
The passage of this bill is earnestly sought.
MENDOZA, EMIR III-C
_____________ Congress
_________ Regular Session
Begun and held in Metro Manila, on Monday, the ___ day of ______, two thousand and
_______________.
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
The State shall equally protect the life of the mother and the life of the unborn from
conception, whether biologically or through assisted reproductive technologies.
Section 3. Assisted Reproductive Technologies. — The State shall permit the use of
assisted reproductive technologies, which allow conception through artificial means
including but not limited to artificial insemination, in vitro fertilization, gamete intrafallopian
transfer, and surrogacy: Provided, that nothing herein shall permit the use of human
cloning for reproductive purposes.
parties to the written instrument consenting to the use of such technologies, to the donor/s
of the gametes (egg or sperm cells), to the surrogates, and to the children conceived and
born as a result of such technologies.
The “surrogate” refers to the person who carries the child conceived through said
technologies up to birth.
To ensure the best interests of the child, the person who procured such vitiated
consent shall recognize the child conceived and born out of the use of such technologies
as his own offspring and shall enjoy all the rights and be liable to all the consequences of
parental authority under the Family Code of the Philippines, as amended. Provided, That
said child shall be treated as a legitimate child of such person procuring such vitiated
consent.
In all cases mentioned in this section, all children conceived and born as a result
of assisted reproductive technologies shall be considered legitimate.
Section 6. Consent to the Use of Assisted Reproductive Technologies for Persons
Not Legally Incapacitated to Marry. – Persons who are not legally incapacitated to
MENDOZA, EMIR III-C
marry may avail of assisted reproductive technologies only by himself. His consent must
comply with the requisites laid down in this Act for consent by couples.
Section 7. Consent of the Surrogate. – The surrogate must also consent to the
surrogacy. In the absence of a legal parent as defined in this Act, the surrogate child shall
be deemed abandoned and therefore available for adoption.
None of the participants as defined in this other than those referred to in the first
paragraph of this Section shall be considered as the legal parents of children conceived
and born as a result of said technologies.
Section 9. Rights of the Conceived Child. – All children conceived and born through
assisted reproductive technologies shall be entitled to all the rights of an unborn child
according to Articles 40 and 41 and other provisions of the Civil Code of the Philippines,
and other laws.
Section 10. Duty of the Physician and Other Medical Personnel. – The physician shall
protect the life of all participants in assisted reproductive technologies and discontinue
such procedures if there is a danger to the life of any of them.
Nothing in this Act shall be construed as permitting abortion. Thus, egg cells
fertilized as a result of assisted reproductive technologies shall not be destroyed.
Provided, That they may be frozen or preserved upon the request of the parties.
The physician and other medical personnel shall protect the reproductive cells of
all participants and shall not make use of them if they have expressed an intention against
the use of such cells at any time.
Section 11. Effect of Death of the Parties to the Written Instrument of Consent. –As
soon as the physician learns of the death of any party to the written instrument of consent,
he or some other person acting for him must destroy the unused gametes of the deceased
party. No consent to the use of such gametes to produce children who shall be considered
his legal offspring is presumed to continue beyond his/her death unless such consent is
expressly stipulated in the written instrument of consent.
Nor can unused gametes be donated for use by parties to other written instruments
of consent unless the contrary expressly appears to the written instrument of consent to
which the deceased is a party. If such consent is expressed, the children conceived and
born using such gametes shall not be legally considered the children of the deceased.
MENDOZA, EMIR III-C
Section 12. Legacy of Gametes. – A person may bequeath a legacy of his/her gametes
to any person. Provided, that the children conceived and born using such gametes shall
not be considered legal children of the testator. The legacy must be in the form stated in
Republic Act No. 7170, otherwise known as the Organ Donation Act of 1991, as amended.
Section 13. Sanctions. – Any person who violates any provision of this Act shall be
subject to a fine of not less than one million pesos nor more than five million pesos, or
imprisonment of not less than twelve years and one day but no more than twenty years,
or both, at the discretion of the court.
A physician or doctor who violates any provision of this Act shall forfeit his license
to engage as a physician or doctor.
Section 14. Rules and Regulations. – The Secretary of Health and the Secretary of
Social Welfare and Development, in consultation with all the relevant sectors, shall
promulgate such rules and regulations as may be necessary or proper to implement this
Act.
Section 15. Repealing Clause. – The Family Code of the Philippines, and all laws,
decrees, ordinances, rules and regulations, executive or administrative orders, and other
presidential issuances inconsistent with this Act, are hereby modified, amended, or
repealed, as the case may be.
Section 16. Separability Clause. – The provisions of this Act are hereby deemed
separable. If any provision hereof should be declared invalid or unconstitutional, the
remaining provisions shall remain in full force and effect.
Section 17. Effectivity. – This Act shall take effect after fifteen (15) days following its
publication in the Official Gazette or at least two (2) newspapers of general circulation.
Approved,
This Act which is a consolidation of House Bill No. __ and Senate Bill No. __ was passed
by the House of Representatives and the Senate on ____________________.