The Kandal Provincial Court, where 13 Filipino women were sentenced to prison for their part in an illegal surrogacy scheme. Supplied
The Kandal Provincial Court on December 2 sentenced 13 Filipino women to four years each, with two years suspended, for their involvement in a surrogacy scheme. A Cambodian housekeeper was also convicted for not reporting the crimes.
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The 13 women were arrested in early October in Prek Anchanh commune, Mouk Kampoul district of Kandal province and charged with attempted “selling, buying or exchanging of human beings for cross-border transfer”, under article 16 of the Law on Suppression of Human Trafficking and Sexual Exploitation and article 27 of the criminal code.
“The trial chamber decided to sentence the 13 Philippine women to four years each, but they must serve the sentence for two years; the other two years is suspended for attempted selling, buying or exchanging of human being for cross-border transfer,” said a December 2 statement by the court.
The Cambodian housekeeper was initially charged with conspiracy, which carries a similar sentence, but had the charge reduced to not reporting a crime. She was sentenced to six months, and will serve two months and one day, with the rest of the term suspended.
A court spokesperson explained that surrogacy, legally defined as “the act of selling, buying or exchanging of human being for cross-border transfer” is a crime in Cambodia. It affects security and public order, and “seriously affects the rights of babies and children, who must be protected by national and international laws”.
“Under the law, a woman who delivers a baby is the mother of the child. But in the above case, there is clear evidencewhich proves the 13 Philippines citizens were attempting to carry out surrogacy to deliver baby for cross-border selling to a third party, in exchange for cash. This is defined as human trafficking.
“Therefore, the women who carry out surrogacy to deliver babies for sale are classed as criminals under the Kingdom’s laws,” added the spokesperson.
A December 2 statement from the Philippine embassy in Cambodia confirmed that the 13 Filipino women have been detained since September 23. It explained that they were being held at a designated medical facility under police protection and were accorded medical care and welfare assistance by both Philippine and Cambodian authorities while awaiting the judicial process to be completed.
“The Philippine Government, through the embassy, will continue to provide appropriate and necessary support, including legal and consular assistance, to the 13 Filipinos for the duration of their stay in Cambodia,” it said.
It added that the Philippine government is continuing to cooperate with law enforcement agencies and international partners, including Cambodia, in the fight against human trafficking and other transnational crimes.
The embassy reminded their citizens of Cambodia’s strict prohibition on commercial surrogacy.
“Traveling to Cambodia for surrogacy arrangements could result in imprisonment,” it warned.
Chou Bun Eng, secretary of state at the Ministry of Interior and permanent vice-chair of the National Committee for Counter Trafficking (NCCT), said in November that surrogacy cases involving Cambodian women have been rare in recent years, following a series of high-profile crackdowns. She noted that similar cases have occurred lately, with foreigners acting as surrogates.
She added that many of the foreigners involved have been quietly deported to their home countries, but Cambodia has been blamed for allowing the crimes to happen.
