The Philippines, like many nations around the globe, has traditionally been a source of surrogacy services, particularly for foreigners. However, the recent development in Cambodia, where thirteen Filipinas were convicted for their involvement in surrogacy, is a stark reminder of the controversial nature of commercial surrogacy.
On 20th August 2019, these thirteen Filipinas were found guilty by the Phnom Penh Municipal Court for engaging in illegal surrogacy and human trafficking — a crime that was reinstituted as illegal in Cambodia in 2016. This act became quickly discouraged due to the multiple ethical issues arising from the surrogacy arrangements, such as potential exploitation of poor women.
Selected from impoverished socio-economic backgrounds, the convicts were promised hefty sums of payment for lending their wombs to house the children of foreign couples. The women were reportedly found during a raid in June 2018 at a two-storey villa in the capital city Phnom Penh, where they were housed. It is important to note that the women were reportedly pregnant at the time of their arrest, and were held in detention until they gave birth before the trial could commence, a factor that further complicated their case.
The legalities surrounding the case were complex, given the murky laws on surrogacy in Cambodia at the time of the women’s arrest. Once a go-to destination for foreign couples looking for surrogate mothers, the Cambodian government issued a sudden ban on the practice in 2016. However, the country did not have any set laws in place regarding surrogacy until 2020.
This case marked a turning point in the legal discourse about surrogacy in Cambodia. In a landmark ruling, the court sentenced each woman to a year and a half in prison. However, it suspended 10 months, which meant that the women were freed considering the time they had already spent in detention. The court also ordered the thirteen women to raise the children they had given birth to, which threw up another set of ethical dilemmas.
At the time, it is believed that the foreign nationals who had employed these women escaped the arm of the law, despite the significant evidence that pointed to their involvement. It raised concern about the additional burden these women were made to bear, further positioning them as victims of a deeper systemic injustice.
The case of these thirteen Filipinas is an eye-opener, shedding light on the global problem of surrogate exploitation. Their plight underscores the urgent need for clear international standards to
