Introduction

In the Philippines, civil registration serves as the foundational mechanism for establishing legal identity, rights, and obligations of individuals from birth. Governed primarily by the Civil Code of the Philippines (Republic Act No. 386), the Family Code (Executive Order No. 209), and administrative rules from the Philippine Statistics Authority (PSA), the process of registering a child's birth is straightforward for traditional families but presents unique complexities when involving surrogacy and same-sex couples. Surrogacy, where a woman carries and delivers a child for intended parents, is not explicitly regulated under Philippine law, leading to ambiguities in parentage determination. Same-sex couples face additional hurdles due to the non-recognition of same-sex marriages or unions, which impacts filial rights, inheritance, and registration procedures. This article explores the legal landscape, procedural requirements, potential challenges, and implications for registering a surrogate-conceived child born to a same-sex couple, drawing on existing statutes, jurisprudence, and administrative guidelines.

Legal Framework for Civil Registration

Civil registration in the Philippines is mandated by Republic Act No. 3753 (Civil Registry Law), which requires the registration of all vital events, including births, within 30 days at the local civil registrar's office. The PSA, as the central authority, oversees the system and issues certificates of live birth (COLB), which serve as prima facie evidence of the facts stated therein.

For births, the COLB must include details such as the child's name, date and place of birth, sex, and particulars of the parents, including their marital status. Under Article 164 of the Family Code, children conceived or born during a valid marriage are presumed legitimate, entitling them to the surname and support of both parents. However, this presumption does not extend to children of unmarried couples or those conceived through assisted reproductive technologies (ART) like surrogacy, unless specific legal steps are taken.

The Administrative Order No. 1, Series of 2007 (Implementing Rules and Regulations of Republic Act No. 9048, as amended by Republic Act No. 10172), allows corrections to civil registry entries, including parentage, but only through judicial or administrative processes with substantial evidence.

Surrogacy Under Philippine Law

Surrogacy remains unregulated in the Philippines, creating a legal vacuum. There is no specific statute prohibiting or permitting surrogacy agreements, whether traditional (where the surrogate provides the egg) or gestational (where the surrogate carries an embryo from the intended parents or donors). However, related laws provide indirect guidance:

Family Code Provisions: Article 184 prohibits the simulation of birth, making it illegal to register a child as one's own when it is not biologically related without proper legal adoption. This could apply to surrogacy if the intended parents attempt to bypass adoption by falsifying the birth certificate.
Anti-Child Abuse Laws: Republic Act No. 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act) and Republic Act No. 9231 (Anti-Child Labor Law) protect children from exploitation, potentially viewing commercial surrogacy as a form of trafficking or exploitation if compensation is involved.
Reproductive Health Law: Republic Act No. 10354 (Responsible Parenthood and Reproductive Health Act of 2012) promotes access to ART but does not address surrogacy explicitly. The Department of Health (DOH) regulates fertility clinics, requiring informed consent and ethical standards, but surrogacy contracts are not enforceable in courts due to public policy considerations.

In practice, surrogacy arrangements are often informal, relying on private agreements. If the surrogate is married, her husband is presumed the father under Article 164 of the Family Code, complicating matters unless rebutted by evidence like DNA testing.

Jurisprudence, such as in Republic v. Court of Appeals (G.R. No. 97906, May 21, 1992), emphasizes that birth certificates must reflect true biological or legal parentage, disallowing fraudulent entries.

Rights and Status of Same-Sex Couples

The Philippines does not recognize same-sex marriages or civil unions, as affirmed by the Supreme Court in Falcis v. Civil Registrar General (G.R. No. 217910, September 3, 2019), which dismissed a petition for same-sex marriage recognition on procedural grounds but noted the lack of legislative framework. Consequently, same-sex couples cannot jointly register as parents in the same manner as heterosexual married couples.

Under the Family Code, only marriages between a man and a woman are valid (Article 1). Same-sex couples are treated as cohabiting individuals without marital rights. For child-rearing:

Adoption: Republic Act No. 8552 (Domestic Adoption Act of 1998) and Republic Act No. 8043 (Inter-Country Adoption Act of 1995) allow single persons to adopt, but joint adoption by same-sex couples is not permitted. A 2020 PSA advisory clarified that only legally married couples can adopt jointly.
Parental Authority: If one partner in a same-sex couple is the biological parent (e.g., via sperm or egg donation in surrogacy), they may exercise sole parental authority under Article 176 of the Family Code (as amended by Republic Act No. 9255), which allows illegitimate children to use the father's surname with acknowledgment.

Discrimination based on sexual orientation is prohibited under Republic Act No. 11313 (Safe Spaces Act) and various local ordinances, but this does not extend to family law recognition.

Procedure for Registering a Surrogate-Conceived Child

Registering a surrogate-conceived child for a same-sex couple involves navigating these limitations. The process typically unfolds as follows:

Birth Notification and Hospital Reporting: Upon delivery, the hospital or attending physician files a birth notification with the local civil registrar, indicating the surrogate as the mother. If the child is conceived via gestational surrogacy with genetic material from one or both intended parents, DNA evidence may later be used to establish parentage.
Filing the Certificate of Live Birth: The surrogate or her representative submits the COLB. For same-sex couples:
- If one partner is the biological father (e.g., via sperm donation), he can acknowledge paternity via an Affidavit of Acknowledgment/Admission of Paternity (under Republic Act No. 9255), allowing the child to be registered under his surname as an illegitimate child.
- If one partner is the biological mother, she can register as the sole parent, with the surrogate relinquishing rights through a notarized affidavit.
- The other partner cannot be listed as a parent without adoption.
Surrogate's Relinquishment: The surrogate must execute a deed of voluntary surrender or affidavit waiving parental rights, which is crucial for subsequent adoption. This must comply with Department of Social Welfare and Development (DSWD) guidelines for child placement.
Adoption Proceedings: To establish legal parentage for both partners:
- The biological parent adopts first (if needed), then the non-biological partner may petition for adoption as a single person.
- Judicial adoption requires court approval, home studies, and proof that it serves the child's best interest (Article 183, Family Code).
- International surrogacy adds layers, requiring compliance with the Hague Convention on Inter-Country Adoption if applicable.
Corrections and Annotations: If initial registration lists the surrogate as the mother, a petition under Republic Act No. 9048/10172 can correct the entry with court order, supported by DNA tests, surrogacy agreements, and medical records.

Delays beyond 30 days incur late registration fees and require affidavits explaining the delay (PSA Administrative Order No. 1, Series of 1993).

Challenges and Legal Issues

Several obstacles arise in this context:

Parentage Disputes: Without surrogacy laws, courts may prioritize the surrogate's rights, especially if she changes her mind. Cases like In Re: Adoption of Baby Boy (hypothetical based on similar international precedents) highlight risks of custody battles.
Discrimination and Access: Same-sex couples may face bias from registrars or courts, though the Magna Carta for Women (Republic Act No. 9710) and anti-discrimination bills (pending as of 2026) offer some protection.
International Surrogacy: If arranged abroad (e.g., in countries like the US or Ukraine where surrogacy is legal), the child may face citizenship issues. The Philippine Immigration Act requires proof of Filipino parentage for dual citizenship under Republic Act No. 9225.
Ethical and Health Concerns: Unregulated surrogacy raises exploitation risks, with no mandatory counseling or health safeguards.
Inheritance and Benefits: Without legal recognition, the non-biological parent has no automatic inheritance rights (Civil Code Articles 774-1105), necessitating wills or trusts.

Emerging bills, such as the proposed Surrogacy Regulation Act (filed in Congress as of 2025), aim to legalize altruistic surrogacy but exclude commercial arrangements and same-sex couples explicitly.

Conclusion

The registration of a surrogate-conceived child for a same-sex couple in the Philippines is fraught with legal ambiguities stemming from the absence of surrogacy regulations and non-recognition of same-sex unions. While biological ties allow partial registration, full parental rights for both partners require adoption, which is cumbersome and not guaranteed. Stakeholders, including intended parents, must consult legal experts to navigate affidavits, court petitions, and administrative remedies. Until comprehensive legislation addresses these gaps, the process remains ad hoc, prioritizing the child's welfare amid evolving societal norms.