THE LEGAL QUESTION: SURROGATE GESTATION AGREEMENT

ABSTRACT:

Surrogate Gestation is an arrangement in which a woman carries and

delivers a baby of another person or couple. However it is very
controversial practice around the world, raising difficult moral, social
and legal issues.

Many countries do not have laws which specifically deal with Surrogacy.
In the Philippines, the contract of Surrogacy is not expressly stated as
illegal.

In the absence of Surrogacy Law in the Philippines, the legal issue now
redounds to the questions that in the eyes of the law who is deemed the
mother of the child, it may also involves possible violations of criminal
baby-selling statutes, issues of whether adoption is necessary and
whether or not the child is legitimate.

This study argues that these questions should be resolved in favor of

finding no impediment to the use of surrogacy procedure. It also intends
to explain why Gestation Surrogacy when legalized, can be beneficial to
the Philippine society.

RMADG