DOJ hopes to convince Cambodia not to file criminal cases vs Filipinas recruited as ‘surrogate mothers’

DOJ hopes to convince Cambodia not to file criminal cases vs Filipinas recruited as ‘surrogate mothers’

INVESTIGATIONS continue into the reported cases of Filipinas rescued in Cambodia who were recruited as “baby-makers” or surrogate mothers. Reports indicate that the Filipinas were recruited online.

Of the twenty Filipinas in Cambodia, seven are set to return home — those who are not pregnant. Thirteen will remain in Cambodia while their health and that of their babies are monitored.

Justice Undersecretary Nicholas Felix Ty stated that surrogacy is a crime in Cambodia, which could lead to criminal charges for those involved. However, the Department of Foreign Affairs (DFA) is appealing to the Cambodian government to refrain from pressing charges against these Filipinas.

“We hope to convince our neighbors, where this is happening, to consider our countrymen as victims. They should not face criminal charges,” said Usec. Nicholas Felix Ty, DOJ.

On the other hand, the DOJ stated that the surrogacy occurred is a form of human trafficking.

“For us here at the DOJ, the surrogacy happening here is a type of human trafficking. However, it’s not explicitly defined in our laws; the term “surrogacy” isn’t used in our legislation. The language of our trafficking enforcement law is broad enough to cover this modus operandi. It can fall under illegal adoption, as this is essentially the crux of surrogacy — giving the child to other parents,” added Ty.

It was noted that as early as 2021, the DOJ began monitoring the issue of ‘surrogacy.’ In fact, they have already rescued Filipinas trying to leave the airport to become surrogate mothers abroad.

Last year, a rescue was reported, where one woman was allegedly offered up to one million pesos to be a surrogate.

This past Friday, two more Filipinas were rescued. Along with their trafficker, they faced inquest proceedings at the DOJ.

Meanwhile, Ty stated that these 20 Filipinas who were rescued in Cambodia are considered victims of human trafficking. As victims, they may receive various benefits from the government.

This includes psychosocial support, aid, and efforts to reintegrate them into society for a better life.

Additionally, Ty mentioned they will advocate for Cambodia to apply the non-criminality principle for those regarded as human trafficking victims.

“Most importantly, this includes non-criminality; if they committed any crimes as trafficking victims, they should not be held accountable for these crimes. This is what we will fight for in Cambodia — that, since we consider them human trafficking victims, we hope this principle, this no-punishment or non-criminality principle, will be applied by Cambodia to them,” Ty stressed.

The DOJ hopes that the 20 Filipinas involved in ‘surrogacy’ in Cambodia, upon their return, will also assist the government in the investigation to identify their recruiters in the Philippines, so that appropriate charges can be filed against them.

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