University of Cebu-Banilad Library

Thesis (Degree of Juris Doctor) -- University of Cebu-Banilad, 2016.

Includes bibliographical references (leaves 54-57).

Contents: Chapter I: The problem and its scope -- Chapter II: Review of the related literature and related studies -- Chapter III: Results and discussions -- Chapter IV: Findings, conclusions, and recommendations -- Findings -- References.

Summary : Surrogacy has become a popular means in childbearing for many reproductively challenged couples, especially pertaining to the woman. The Philippines has yet provided for the determination of the status of the child born out of a surrogacy arrangement. Absent the attribution of parentage, the rights that flow from the status of the child is also denied him/her. To address the prejudice and discrimination against, and to enhance the protection, of the surrogate-born child, a method for attributing parentage will have to be enacted.

This paper examines the laws on paternity and filiation under the Family Code and related laws, and how parentage is determined under the same. It intends to apply existing laws for the determination of the parentage of surrogate-born children. The methods on how other jurisdictions determine parentage will also be considered and their applicability in the Philippines will be examined using existing rules on filiation and the best interest of the child.

This study will show that the existing Philippine laws on filiation are inadequate in addressing the question on the parentage of surrogate-born children owing to the uniqueness in their conception, birth, and potential parentage. The transfer of parentage from the surrogate and her spouse on to the commission/intended parents is the best means to ensure certainty of the parentage of the child born through surrogacy. It will recommend that the Philippines enact a law on the issuance of parental order to effect such transfer. Such would be in keeping with the aim of serving the best interest of the child.

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