Surrogacy legislation in Cambodia has witnessed some big changes over the past few years. Still, in 2016, just as the industry was helping thousands of couples with their child-seeking dreams, the government of Cambodia put a ban on commercial surrogacy using the country’s anti-human trafficking laws and a hastily drafted legal directive.
Moreover, the government punished various surrogacy agencies in Cambodia and other related parties in order to prohibit any such practice within the country. That said, there are still many surrogacy agencies in Cambodia that are practicing surrogacy while paying no attention to surrogacy laws in Cambodia.
Is Surrogacy legal in Cambodia as of now?
Cambodia doesn’t have any surrogacy laws as of now. Therefore, intended parents should proceed with caution while opting for a surrogacy process in this part of the world.
Additionally, you must work with a legal expert who is familiar with and able to explain all aspects of Cambodia’s surrogacy laws.
These experts can assist you in dealing with all the key aspects and components of surrogacy in Cambodia given their big experience and expertise in the same domain.
On the other side, surrogacy has always been a contentious issue in Cambodia. Additionally, the Ministry of Health in Cambodia outlawed surrogacy in November 2016. (Prakash, signed October 24, 2016). According to Article 12 of the Prakas, “Surrogacy, one of a series of services to have a child by Assisted Reproductive Technology at surrogacy agency in Cambodia, is fully outlawed.”
The phrase “the rights and obligations of Citizens” appears in Chapter III of the Cambodian Constitution.
Article 48 of the Convention on the Rights of the Child states that “The State shall ensure the protection of children’s rights as enshrined in the Convention on Children, in particular, the right to life, the right to education, the right to protection during times of war, and the right to protection from economic or sexual exploitation.” Both Articles 31 and 48 specifically refer to the Convention on the Rights of the Child.
Under Cambodian law, a child born through surrogacy in Cambodia for couples or even same-sex surrogacy would be considered acquiring the same rights as regular citizens, including the right to be aware of and protect one’s ancestry and cultural heritage, as stated in Article 4: “shall obtain Khmer nationality/citizenship, by having been born in the Kingdom of Cambodia: Any child who is born from a foreign mother and father (parents) who were born and living legally.
In accordance with Article 46, if it is in the child’s best interests, the Central Authority of the Kingdom of Cambodia may grant access to the child’s dossier, including the names of their biological parents, to an adopted child who is old and wise enough to understand the implications of knowing who they are.
Moreover, the right to view one’s own file and other identity-related documents are granted to adopted children who have reached adulthood.
The ICAA must confirm that the child has received the necessary counseling before reviewing the information in the adopted child’s dossier. Given that “may be allowed” has not been given a legal interpretation, no child is prohibited from accessing their identity legally.
Why you must choose other alternative options to Surrogacy in Cambodia?
While surrogacy is unregulated in Cambodia, you can always look forward to the other alternative destinations listed below:
Surrogacy in Kenya
Surrogacy in Kenya has proved to be the most attractive and affordable option for numerous children seeking parents around the world. Besides, you can trust the reputable, high-quality, and reasonably priced surrogacy programs offered in the country, as well as its cutting-edge medical facilities.
Additionally, the main advantage here is that anyone can participate, including heterosexual couples, same-sex couples, and single parents. In addition, the cost of a surrogate in Kenya can vary from $40,000 to $50,000, depending on the specifics of the procedure and other important considerations.
That said, if you are looking for the best alternative for surrogacy in Cambodia, you can proceed with surrogacy in Kenya without any second thought.
Surrogacy in Ukraine
One more country that might be ideal is surrogacy in Ukraine. Additionally, intended parents must know that only heterosexual couples are permitted to opt for surrogacy in this country. Besides, you won’t need to be concerned about the standard of IVF care you’ll receive during your specific surrogacy process because Ukraine has some of the best medical facilities and treatments in the entire world.
Talking about the cost factors, a surrogacy program in Ukraine may cost between $45,000 and $50,000. Still, to get the best price and service quality, it is always recommended to connect with a trusted surrogacy agency in Ukraine.
Surrogacy in the USA
If there is one country where you need not think about the surrogacy laws before taking the first step, it is the USA. While the standard of medical care is simply incomparable, having access to the top fertility specialists is a significant plus. Furthermore, anyone can take part in a surrogacy program, regardless of gender, race, or religion.
Being an intended parent, however, you may not agree fully with the higher cost of surrogacy in USA, which can range from $150000 to $250000. However, given the quality of services you are getting, the cost is certainly worth it.
Surrogacy in Canada
Surrogacy in Canada is highly sought after by numerous intended parents around the world. Well, the biggest reason for it is the fact that the country is home to some of the best IVF specialists in addition to having top-notch medical facilities. Additionally, surrogacy in Canada would cost between $90,000 and $1,000,000.
While you may find the cost on the higher side, it is quite reasonable given the quality of services you will receive during the surrogacy program.
Surrogacy in Australia
One of the other top choices for couples and individuals seeking the best alternative to surrogacy in Cambodia is Australia. However, intended parents must update themselves regarding the surrogacy laws and regulations in place beforehand.
As of now, only altruistic surrogacy is legal in Australia, and even this is constrained by regional surrogacy laws. On the other hand, it is illegal for couples looking for surrogate mothers in Australia to use any kind of promotion, newspaper ad, or media advertisement there.
Additionally, using any kind of surrogate matching, sperm and egg donation, or related services is prohibited. Therefore, you must work with a reputable surrogacy agency in Australia in order to avoid any kind of legal issues. Last but not least, a surrogacy program in Australia would make you pay between $50,000 to $60,000.
Surrogacy in Cambodia is quite tricky given the list of restrictions and regulations imposed by the local government. So, you can always go with the alternative mentioned above to make the most of your surrogacy journey.