Department of Foreign Affairs (File photo)
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13 pardoned surrogacy victims repatriated

Jom Garner, Anthony Ching, Jing Villamente

The Department of Foreign Affairs (DFA) announced that 13 Filipino women convicted in Cambodia for illegal surrogacy had been repatriated Sunday following a royal pardon from Cambodian King Norodom Sihamoni.

The women, along with three babies, arrived at Ninoy Aquino International Airport Terminal 1 early yesterday morning via Philippine Airlines flight PR2622 from Phnom Penh.

They were escorted by a Filipino nurse and a Cambodian doctor during the flight. The pardon, granted on 26 December, was secured upon the request of the Philippine Embassy and with the endorsement of the Cambodian government.

The DFA previously reported that the 13 Filipinas were among 24 foreign women apprehended by Cambodian police in Kandal province in September for participating in a surrogacy scheme.

The women were brought to Cambodia by a recruitment agency with the intent to act as surrogate mothers, a practice illegal in Cambodia since 2016. Seven other Filipino women, who were not yet pregnant, were repatriated earlier.

“Upon the request of the Philippine Embassy and with the endorsement of the Royal Government of Cambodia, the Royal Decree pardoning all 13 Filipinos paved the way for their release and immediate repatriation,” the DFA said in a statement.

According to a Cambodian court, the 13 Filipinas were involved in cross-border human trafficking, intending to bear children and sell them to third parties for financial gain.

They were sentenced to four years in prison under Cambodia’s 2008 Law on the Suppression of Human Trafficking and Sexual Exploitation. However, the royal pardon allowed their early release and return to the Philippines.

“Their safe return highlights the strong diplomatic ties between the Philippines and Cambodia, as well as both countries’ shared commitment to combat human trafficking and transnational crime,” the DFA said, expressing gratitude to the Cambodian government for its humanitarian treatment of the women during the investigation and judicial processes.

Under DSWD care

The 13 Filipina surrogate mothers, along with three babies, are currently under the care of the Department of Social Welfare and Development (DSWD). They are receiving temporary shelter and assistance through the Recovery and Reintegration Program for Trafficked Persons.

The DFA also issued a reminder to Filipinos that surrogacy remains banned in Cambodia, with violators facing severe legal penalties. “This case underscores the risks of engaging in illegal activities abroad and the importance of abiding by the laws of host countries,” the DFA added.

Meanwhile, DSWD Secretary Rex Gatchalian has directed the agency’s Field Office-National Capital Region to render all the needed assistance under the Recovery and Reintegration Program for Trafficked Persons to the 13 surrogate mothers and three of their babies who arrived at the Ninoy Aquino International Airport on Sunday.

“The DSWD, as the Co-Chairperson of the Inter-Agency Council Against Trafficking, treats the 13 surrogate mothers as victims of trafficking, and all forms of assistance should be given to them, including the provision of transportation and temporary shelter in one of the Department’s center and residential care facilities,” Secretary Gatchalian said.

The Philippine government has taken the position that the Filipinas involved in a surrogacy scheme in Cambodia were trafficking victims. There is no law prohibiting or allowing surrogacy in the Philippines, providing a legal gray area prone to abuse.

Surrogacy laws and practices vary widely across the globe. In some countries like the United States and Canada, surrogacy is legal and regulated, allowing intended parents to enter into agreements with surrogate mothers under strict guidelines.

In contrast, many nations, including Cambodia, India, and Thailand, have banned commercial surrogacy due to concerns over exploitation and human trafficking. These bans have pushed surrogacy activities underground, creating legal and ethical dilemmas for all parties involved.

Meanwhile, in countries such as Ukraine and Georgia, surrogacy remains legal and is often promoted as a form of medical tourism, attracting international clients. However, lack of oversight can lead to disputes and exploitation.

Ethical debates surrounding surrogacy focus on the rights and welfare of surrogate mothers, children, and intended parents, with critics calling for global standards to address the challenges of cross-border surrogacy arrangements.