Key laws and policies
Samoa does not appear to have national laws or policies specific to the practices currently falling within the scope of BioPolicyWiki.
Note: The proposed Child Care and Protection Bill 2013 – Art. 54 on sale of children may be relevant to commercial surrogacy (although surrogacy is not explicitly mentioned).
“Section 54. Prohibition on the sale of children:
(1) No child in Samoa may be bought or sold, and any contract, agreement or arrangement purporting to be the basis of such a sale is void and of no legal effect.
(2) A person who –
- (a) enters in to any arrangement for the sale or purchase of a child in Samoa;
- (b) offers any money or valuable consideration to the parent or guardian of a child in Samoa in order to purchase the child, or to obtain or assume any parental status or authority over the child;
- (c) facilitates the sale or purchase of a child in Samoa in any way –
- commits an offence and is liable to a fine not exceeding 10,000 penalty units or to imprisonment for a term not exceeding 15 years, or both.”