The National Ethical Guidelines for Health Research have no enforcement mechanism, but do prohibit:
- Providing eggs
- The intentional creation of human zygotes, embryos, or fetuses for study, research, and experimentation or for commercial and industrial purposes
- The sale of human zygotes
There is a view by some that the Anti-Child Abuse Law (Republic Act 7610) may be relevant in that it would appear to classify commercial surrogacy as “an attempt to commit child trafficking.” Article IV, Section 8 states that trafficking is committed “when a person, agency, establishment or child-caring institution recruits women or couples to bear children for the purpose of child trafficking.” RA 7610 defines a child trafficker for the first time in statute books as “any person who shall engage in trading and dealing with children including, but not limited to, the act of buying and selling of a child for money.” It becomes a capital crime when the victim is below 12 years old.
Permitted and regulated practices
Research Involving Human Embryos
- Under the Guidelines, research may be conducted on a human embryo only for the purpose of improving that particular embryo’s chances of being born alive and healthy.
- IVF is permitted and practiced but there is no legislation.
- ART is limited to married couples, and up to 3 embryos may be transferred at once under guidelines.
- Guidelines exist for ART, published by the Philippine Society of Reproductive Endocrinology and Infertility, Inc.: http://psrei.org/.