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an article by Rosjurconsulting Director General Konstantin Svitnev, legal expert with the European Society for Human Reproduction and Embryology

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05.10.2015

Warning against implementing surrogacy programs in Cambodia

With the closure of Thailand and Nepal this Asian country is presented by some unscrupulous or at least nave and/or incompetent middlemen as a new frontier for international surrogacy. All intended parents should take into consideration that surrogacy and even IVF itself are uknown in the country and foreign to local culture and traditions. There are only 4 IVF clinics in Phnom Penh and our understanding is that their equipment and local IVF doctors qualification leave a great deal to be desired.

There is no legislation regulating surrogacy in Cambodia and protecting rights of intended parents, surrogates and surrogate children to be born. There are strong rumors that intended surrogates are trafficked to the country from poor rural areas of neighboring Vietnam and Thailand to be exploited in inhuman conditions on some children farms.

The Criminal Code of the Kingdom of Cambod in its art. 330-331 directly addresses incitement to abandon a child and intermediary activities to abandon a child, art. 332 outlaws the use of any intermediary between an adoptive parent and a pregnant women. Art. 327 deals with illegal taking away a minor from a parent. Though all these clauses don't explicitely deal with surrogacy and no related criminal cases have been reported so far, all these clauses could be applied to surrogacy directly or due to analogy of jus.

The attitude of authorities considering that this practice harms Cambodias image abroad and general atmosphere in the country are quite alarming. Most probably commercial surrogacy for foreigners would be prohibited, as it already happened in Thailand and Nepal. It might happen quite soon and in abrupt manner.

We strongly advise all intended parents to avoid this tropical country and choose for their fertility journey something less exotic.

Do not begin a surrogacy process where any part of the process, including the birth of the child, will occur in Cambodia.

Rosjurconsulting News Service


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