MENDOZA, EMIR III-C

Republic of the Philippines

Congress of the Philippines
Metro Manila

AN ACT PERMITTING AND REGULATING THE USE OF ASSISTED

REPRODUCTIVE TECHNOLOGIES IN THE PHILIPPINES AND RECOGNIZING THE
RIGHTS OF CHILDREN OF FILIPINO PARENTS CONCEIVED THROUGH ASSISTED
REPRODUCTIVE TECHNOLOGIES
EXPLANATORY NOTE

The only artificial reproductive technology (ART) expressly regulated by law is

artificial insemination. Article 164 of the Family Code, in its 2 nd paragraph, provides:
“Children conceived as a result of artificial insemination of the wife with the sperm of the
husband or that of a donor or both are likewise legitimate children of the husband and his
wife, provided, that both of them authorized or ratified such insemination in a written
instrument executed and signed by them before the birth of the child. The instrument shall
be recorded in the civil registry together with the birth certificate of the child.”

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

Republic of the Philippines

Congress of the Philippines
Metro Manila

_____________ 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:

AN ACT PERMITTING AND REGULATING THE USE OF ASSISTED

REPRODUCTIVE TECHNOLOGIES IN THE PHILIPPINES AND RECOGNIZING THE
RIGHTS OF CHILDREN OF FILIPINO PARENTS CONCEIVED THROUGH ASSISTED
REPRODUCTIVE TECHNOLOGIES
Section 1. Title. — This Act shall be known as the “Assisted Reproductive Technologies
Act”.
Section 2. Declaration of Policy. — The State values the dignity of every human person
and guarantees full respect for human rights. Thus, the Congress shall give highest
priority to the enactment of measures that protect and enhance the right of all the people
to human dignity.

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.

No research or research application concerning the human genome, in particular

in the fields of biology, genetics and medicine, should prevail over respect for the human
rights, fundamental freedoms and human dignity of individuals or, where applicable, of
groups of people. Practices which are contrary to human dignity, such as reproductive
cloning of human beings, shall not be permitted. These principles are derived from the
Universal Declaration on the Human Genome and Human Rights of the United Nations
Educational, Scientific and Cultural Organization.

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.

To ensure the safety of all participants, assisted reproductive technologies may

only be availed of through physicians. The term “participants” shall refer to the party or
MENDOZA, EMIR III-C

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.

Section 4. Consent to the Use of Assisted Reproductive Technologies for Couples

and Consequences. — For married and unmarried couples, both parties must authorize
and ratify the use of such technologies in a written instrument executed and signed by
them before said technologies are availed of. The physician conducting the process must
require the presentation of such written instrument before such technologies may be
availed of. A written instrument must expressly state the technologies consented to by
the parties. The instrument shall be recorded in the civil registry together with the birth
certificate of the child.
The instrument may be terminated at any time by the parties. Provided, that the
termination of such instrument shall not be effective unless the physician has been
informed of such revocation in a written notice by the parties. Said revocation shall not
affect the status and legal parentage of the children conceived as a result of assisted
reproductive technologies prior to such termination. No such technologies indicated in the
instrument may be availed of after such termination without a new written instrument of
consent.
Section 5. Effect of Vitiated Consent. – If the consent of a party to the instrument was
procured by the other party through mistake, fraud, violence, intimidation, or undue
influence, the person whose consent was vitiated is not mandated to recognize as his/her
own legal children any infant conceived and born out of the use of assisted reproductive
technologies availed of in said instrument. However, said person may do so by executing
a written instrument of ratification, which must be recorded in the civil registry together
with the birth certificate of the child or where the birth of the child is registered.

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.

Section 8. Parentage of Children Conceived and Born as a Result of Assisted

Reproductive Technologies. – Children conceived and born as a result of assisted
reproductive technologies shall be legally considered as the children of the party or
parties to the written instrument consenting to the use of such technologies.

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,

President of the Senate Speaker of the House of Representatives

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 ____________________.

Secretary of the Senate Secretary General

House of Representatives

President of the Philippines