The legal landscape in the Philippines regarding surrogacy remains complex and largely unregulated, particularly for same-sex couples. Because the Philippine Family Code and related statutes do not explicitly recognize surrogacy agreements, the process of registering a child born through such an arrangement involves navigating a web of traditional family law principles, administrative regulations, and judicial precedents.

1. The Absence of a Surrogacy Law

There is currently no specific legislation in the Philippines that either prohibits or permits surrogacy. In the absence of a law, surrogacy contracts are generally considered void and unenforceable because they involve the "status" of persons and the "sale" or "transfer" of parental rights, which are matters of public policy.

For same-sex couples, this creates a significant legal vacuum. Since the Philippines does not recognize same-sex marriage or civil unions, a same-sex partner has no automatic legal standing relative to their partner’s biological child.

2. Determination of Filiation and Maternity

The Philippine legal system follows the principle of mater semper certa est (the mother is always certain). Under Article 164 of the Family Code, the woman who gives birth to the child is legally recognized as the mother.

The Gestational Surrogate: Regardless of genetic relation, the woman who delivers the child is recorded as the "Mother" on the Certificate of Live Birth (COLB).
The Biological Father: If one of the partners in the same-sex couple is the sperm donor, he may be recognized as the father if he executes an Affidavit of Admission of Paternity.

3. Registration at the Local Civil Registry (LCR)

When a child is born in a hospital, the facility is required to report the birth to the LCR. The information entered into the COLB follows these strictures:

Maternal Entry: The surrogate’s name must be entered. Attempting to put the name of a non-biological intended parent (such as the female partner in a lesbian couple) on the initial birth certificate is considered simulation of birth, which is a criminal offense under Republic Act No. 11222 (though recent laws provide a window for administrative correction for certain cases, they do not apply to surrogacy).
Paternal Entry: If the biological father is not married to the surrogate (which is standard in these cases), the child is classified as an illegitimate child. The father's name can only appear if he signs the back of the COLB or a separate public document admitting paternity.

4. Legal Challenges for the Non-Biological Partner

The partner who has no biological link to the child has no legal relationship to the infant at the time of birth. They cannot be listed on the birth certificate through the administrative process at the LCR. To gain legal rights, the following must be considered:

Legal Guardianship: A petition for guardianship can be filed in court, but this does not grant full parental status or inheritance rights.
Adoption: This is the only path to establish a permanent legal parent-child relationship. However, Philippine law requires adopters to be "of age" and "in full possession of their civil rights." Crucially, since same-sex couples cannot marry, they cannot jointly adopt a child. One partner must adopt as a single individual.

5. Correcting the Birth Certificate

To remove the surrogate's name and replace it with the intended parent's name, a Judicial Order is required. This usually involves:

A Petition for Cancellation or Correction of Entries: Under Rule 108 of the Rules of Court.
Evidence of DNA: Proving the genetic link between the intended father and the child.
Surrogate’s Consent: A formal manifestation from the surrogate that she is not the biological mother (if she was a gestational carrier) and that she waives any claim to the child.

Note: Even with a court order, Philippine civil registrars are often hesitant to register birth certificates that deviate from the "birth mother" rule without a clear Supreme Court directive or a specific law.

6. International Surrogacy Considerations

Many Filipino same-sex couples opt for surrogacy abroad (e.g., in the US or Canada) where they can be named on a foreign birth certificate as "Parent 1" and "Parent 2."

However, when bringing the child back to the Philippines, the Department of Foreign Affairs (DFA) and the Bureau of Immigration may scrutinize the documents. For the child to be recognized as a Filipino citizen, the couple must prove the child has at least one Filipino parent. If the foreign birth certificate lists two fathers, the Philippine government may still require a judicial recognition of the foreign judgment or a DNA test to establish filiation under Philippine law.

Summary of Legal Status

Surrogacy Contracts: Not legally binding; treated as "contrary to public policy."
Initial Birth Certificate: Must name the surrogate as the mother.
Paternity: Established through an Affidavit of Admission of Paternity by the biological father.
Same-Sex Partner Rights: Zero initial rights; requires single-parent adoption or guardianship proceedings.
Simulation of Birth: A serious risk if the couple attempts to register the child directly under their names without the surrogate appearing on the record.