PHNOM PENH– A Kandal Provincial Court has convicted 13 Filipino women and one Cambodian woman in a surrogacy case on charges of “attempted cross-border human trafficking and conspiracy to commit attempted human trafficking.”

The 13 Filipino women were each sentenced to four years in prison, with two years to be served and the remaining two years suspended. The Cambodian woman, who worked as a maid in the house, received a six-month sentence with two months to be served.

The incident took place in Kraom Village, Mukh Kampul District, Kandal Province between March and September 23 this year. The women were arrested and subsequently charged on October 1 under the Law on Suppression of Human Trafficking and Sexual Exploitation.

It's important to note that Cambodia currently lacks a specific Surrogacy Law, despite discussions on the matter since 2017.

Chou Bun Eng, Secretary of State at the Ministry of Interior and permanent vice-chair of the National Committee for Counter Trafficking, stated that the women are currently under medical care to ensure a safe delivery. This decision was made on humanitarian grounds, prioritizing the well-being of the unborn babies rather than the mothers.

"They are now allowed to stay out of jail," Bun Eng said. "We do this to protect the babies."

When asked about the future of the babies and the next steps, the call was abruptly ended as Bun Eng entered an elevator.

Provincial Court Spokesperson So Sarin expressed uncertainty about the situation, requesting additional time to review the case details.

The identities of the individuals behind this operation and the current status of the proposed surrogacy law remain unclear. Attempts to reach Interior Ministry Spokesperson Touch Sokhak were unsuccessful.

According to Article 987 of the Civil Code, the biological mother is typically considered the legal mother. However, in this case, the court determined that the 13 Filipino women were acting as surrogates, knowingly carrying and birthing children for the purpose of selling them.

The court's statement emphasized that the women's actions constituted human trafficking, as they intended to profit from the birth of children. This practice, the court argued, directly violates Cambodian law and international human rights standards, which protect the rights of infants and children.

“The 13 Filipino women intended to use the act of surrogacy to give birth to babies in exchange for money to the third party, which is defined as a human trafficking offense. Therefore, the surrogate mothers are considered criminals under Cambodian Law,” the court said.

The ruling underscores the serious legal implications of commercial surrogacy in Cambodia, where such practices are not explicitly regulated by law.

In October 2016, Cambodia implemented a ban on commercial surrogacy, a practice involving assisted reproductive technology. This directive, issued by the Ministry of Health, aimed to curb the growing industry.

However, the UN Committee on the Elimination of Discrimination against Women has urged Cambodia to reconsider its stance on criminalizing surrogacy. The committee advocates for a more nuanced approach, suggesting that while laws should be enacted to prevent child trafficking through surrogacy, the practice itself should not be entirely outlawed.

Developing countries like Cambodia are gaining popularity for surrogacy due to lower costs compared to US and Australian services. The surrogacy industry experienced a surge in Cambodia following strict restrictions in Thailand, India, and Nepal.