PUSH!!: Legitimizing Surrogate Children to their Intended Parents in Accordance with the UN Convention on the Rights of the Child

Authors: Delfin, Ruffae Mae Jezra C. and Rondina, Crizza C.

Year: 2022

Abstract:

In 1990, the Philippines signed the Convention on the Rights of the Child which ensures the protection, survival, and development of all children, without discrimination. While there are existing laws and jurisprudence in compliance with the convention, Philippines remains silent in all aspects of surrogacy, including the filiations of the child with his intended parents, making those children legally disadvantaged? This paper aims to prove that the rights of the children born through surrogacy are best upheld if they are considered legitimate children of their intended parents through an analysis of said convention in view of Philippine jurisprudence and existing legislation of other countries on surrogacy. Specifically, the Best Interest of the Child under Article 3 of the said convention, alongside the Doctrine of the State as Parens Patriae, were used to call for an amendment of Article 164 of the Family Code recognizing the surrogate children as legitimate children of their intended parents.

Key Concepts: Philippine Surrogacy, Filiation, Legitimacy, Surrogate Child, Best Interest of the Child