The House Bill No. 11259 or the Assisted Reproductive Technology (ACT) and Surrogacy Act filed by 4P’s Party-list Rep. Jonathan Clement “JC” Abalos ensures that intending couples and surrogate mothers will undergo an ethical and safe procedure.
In an exclusive interview at Isyung Pambayan on Sunday, Abalos stated that the process of surrogacy is only considered abroad. Through the passage of the bill, Abalos is hoping that the plenary recognizes the process as a way to address infertility and reproductive health issues.
“Ngayon po ang ating tinatawag na surrogacy, isa po itong innovation kung saan ang inaaddress po niya syempre ang infertility at ang reproductive health issues and its been practiced in over 100 countries worldwide. So higit 100 bansa na po, pinapractice na ang surrogacy, and it has resulted in the birth of approximately 10 million infants,” he said.
Abalos stated that most Filipinos are not familiar with artificial insemination (AI), and therefore, lack regulatory frameworks to regulate the process of surrogacy.
Protection of Rights
“Kaya ko po finile ang batas na ito, upang siguraduhin na unang-una, ethical, safe, at off course kailangan nirerespeto po natin ang karapatan ng pamilya na nag aavail ng surrogacy, ng anak na hindi pa isinisilang, and off course, yung surrogate mother po na voluntarily nag undergo sa procedure na ito, upang makatulong sa isang intending couple na magkaroon at magsimula ng pamilya,” Abalos said.
Moreover, Abalos mentioned how several couples have difficulty conceiving, but are left with few options. With the said bill, couples will have the assurance that all of those involved in the process will be protected, especially the child.
“Napakahalaga po na kailangan siguraduhin din natin ang karapatan ng anak na isisilang mula sa prosesong ito. Dahil we must understand na yung mga scenario, kung saan na ang gagamitin na sperm o egg ay hindi manggangaling din sa magulang,” he said.
The Child’s Citizenship
He added that the sperm or the egg must come from either parent. However, Abalos noted that the child must have Filipino DNA, to prevent complications with the child’s citizenship. The remark came after celebrities who underwent the process had foreign-looking children.
“Kailangan, nakalagay po sa ating batas na either, sperm or egg, dapat magce-carry po ‘yan ng Filipino DNA. Kasi sa karapatang pambata rin po na magkaroon ng citizenship. Ngayon, kung wala pong Filipino DNA na gagamitin sa proseso ng surrogacy, maaaring magkaroon ng komplikasyon kung ano ang tunay na magiging citizenship ng sanggol,” he said.
“At napaka halaga po na proteksyunan natin ang karapatan ng mga hindi pa isinisilang. Kasi nakalagay rin po ‘yan mismo sa ating Constitution na mula conception, protected dapat at sigurado dapat na mayroong citizenship po ang isang unborn child,” he added.
Despite the innovative proposal for child conception, Abalos noted that it hasn’t been perfected yet. With that, intending couples, surrogate mothers, and the child, are protected by the law.
However, to ensure the child’s protection, parents are required to fulfill their responsibilities and obligations as parents. No matter the result, parents are required to comply with the requirements and responsibilities.
Before beginning the process, an agreement will first be settled between the parents and surrogate mother to prevent human trafficking and exploitation.
“Dito sa ating Assisted Reproductive Technology and Surrogacy Bill, marami po tayong requirements dyan. Unang-una hindi basta-basta, bawal po itong for commercial purposes, dapat altruistic siya or voluntary on the part of the surrogate para wala pong human exploitation [at] walang human trafficking involved,” he said.
To prevent this, the bill indicated that throughout the nine months that the surrogate mother is carrying the child, she will be entitled to have access to healthcare and clean facilities. She will also be informed of her rights to prevent exploitation.
However, Abalos stressed that the process of surrogacy must remain altruistic, and not as a form of capital.
