No. Commercial surrogacy remains illegal under the Philippines’ Republic Act No. 9208 (Anti-Trafficking in Persons Act) and Republic Act No. 11223 (Universal Health Care Act), with penalties including imprisonment and fines. Gestational surrogacy is unregulated, leaving intended parents and surrogates in legal limbo, while the Department of Health (DOH) and Inter-Agency Council Against Trafficking (IACAT) actively discourage such arrangements to prevent exploitation. Recent 2026 compliance shifts under the DOH’s Reproductive Health Program further tighten oversight, treating surrogacy contracts as void and unenforceable.
Key Regulations for Surrogacy in Philippines
- Prohibition on Commercial Surrogacy: The Anti-Trafficking Act criminalizes paid surrogacy, classifying it as human trafficking with penalties of up to 20 years imprisonment and fines up to ₱5 million.
- Nullity of Surrogacy Contracts: The Civil Code renders surrogacy agreements unenforceable, stripping intended parents of legal parental rights unless a court-ordered adoption is pursued post-birth.
- DOH and Local Government Restrictions: The DOH’s 2026 Reproductive Health Program mandates that only altruistic surrogacy (non-commercial) may be considered, subject to provincial ordinances, with mandatory psychological and medical evaluations for all parties.