As someone with bioethics training, I am familiar with discussing complex topics, such as underground surrogacy in the Phillipines. The recently published Aljazeera TV show, 'The Philippines: Wombs for Hire' by Natashya Gutierrez and Aun Qi Koh, did a great job detailing the issue, while also providing empathy and a platform for those most vulnerable – the surrogates. They managed to interview people who have a range of insights and perspectives on this topic, and this effectively illuminated the nuances while not forgetting that this industry directly impacts people. This video is well worth watching.
I appreciated the direct account from a woman – Gloria – who has been hurt by the surrogacy market. Gloria was the first person interviewed, a former surrogate who became pregnant and was then abandoned during the process. She did not receive any kind of support or payment as a result, even though she was originally promised US$6000. She regrets not asking for a contract before becoming a surrogate.
'I was only thinking about the money. I trusted that my greatest fear wouldn't happen, even without the contract. But I was wrong,' Gloria explained.
According to the show's producers, the minimum wage in the Philippines is around US$10 a day. The potential of earning up to US$20,000 as a surrogate is very appealing to women who otherwise have much lower incomes to live on, and to raise their families with. Agencies charge large sums for surrogacy (US$50,000), but there are also individual recruiters who connect prospective parents with women who are willing to be surrogates. This unregulated industry is likely rife with exploitation of vulnerable women.
The Philippines is a majority Catholic nation, with surrogacy being seen as very taboo. While surrogacy itself is not illegal, there are parameters that make it difficult for the commissioning parents to be ensured parental rights. When a baby is born in the Philippines, the birth parent has legal custody. Commissioning parents must file for adoption to gain legal custody of an infant, but this process is lengthy and success is not guaranteed. Indeed, the surrogate has legal standing if she decides to keep the child. The current custodial legislation is outdated and ill-equipped to handle complex issues, such as surrogacy.
There are two workarounds that handlers and agencies are engaging in to deal with this legal red tape. One is to send pregnant women abroad to give birth, to ease the legal transition of custody by avoiding the paperwork. This international travel has seen some Filipino surrogates arrested in Cambodia and charged with trafficking offences, although they were later pardoned (see BioNews 1260, 1268 and 1272).
At least one agency is involved in a second practice, according to the film's producers. This involves forging documents to pretend the commissioning mother is the birth mother throughout the process. This is illegal, and a very risky way of dealing with custodial issues, that could result in jail time. I can't condone either of these approaches because they are illegal and unethical. If the legal process is prohibitive, then those who are practising in this industry need to partner with legislators and experts to draft new laws that help support and protect Filipino citizens.
The demand for surrogacy is increasing. One recruiter interviewed for this show stated she receives up to 30 requests each month and there is increased demand from international families.
Human rights lawyer Professor Elizabeth Aguiling-Pangalangan, interviewed in the show, said that there is inherent inequality and exploitation when it comes to surrogacy. She maintains that legislation needs to be passed for surrogacy, to make it legal when medically necessary, and to allow for commercial surrogacy with regulated fees.
‘That's the reason why there's a total ban against surrogacy in some countries, because it's the commodification of women, commodification of the womb,' she said.
Congressman Khymer Olaso introduced a bill last year attempting to establish surrogacy standards and ethics in the Philippines. This bill stipulates that infants born through surrogacy would be the biological child of the intended parents. The proposed legislation would allow for altruistic surrogacy only.
I agree with Professor Aguiling-Pangalangan that the best approach toward dealing with surrogacy would be to legalise it and to regulate how it operates within the country. This should involve regulated fees so that commercial surrogacy is allowed, but with restrictions on when it is permitted – such as when medically necessary only. This would hopefully reduce the current rates of exploitation.
However, I doubt that commercial surrogacy will be legalised anytime soon – it feels more realistic that altruistic surrogacy, if any, may be legalised first. But given that the demand for surrogacy is increasing and there is a real need for regulation, hopefully that will drive lawmakers to act.
Leave a Reply
You must be logged in to post a comment.