Surrogacy has always been a controversial subject in Cambodia. Moreover, on November 2016, the Ministry of Health banned surrogacy in Cambodia (prakas, signed October 24, 2016). "Surrogacy, one of a series of services to have a kid by Assisted Reproductive Technology at surrogacy agency in Cambodia, is fully outlawed," states Article 12 of the Prakas.
Besides, the information that is now available indicates that 66 children were born through surrogacy overall, of which 5 have already departed Cambodia, 32 have become the legitimate children of their surrogate moms, and 29 of whose locations are unknown. The law on surrogacy is being drafted by the Royal Government of Cambodia, however the public cannot see its details.
Chapter III of the Cambodian Constitution refers to "the rights and obligations of Khmer Citizens."
Articles 31 and 48 specifically mention the Convention on the Rights of the Child, with Article 48 stating 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."
Nationality law:
The child born through surrogacy for couples or even same sex surrogacy in Cambodia would be considered gaining the same rights as regular Cambodian citizens, including the right to know and protect their origins and cultural heritages, as stated in Art. 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 the Kingdom of Cambodia."
Intercountry Adoption Law:
In accordance with Article 46, a child who has been adopted and is old enough and mature enough to understand the repercussions of knowing who they are may be given access to their dossier, including their biological parents' names, upon submitting a written request to the Central Authority of the Kingdom of Cambodia, if doing so is in their best interests.
A kid who has been adopted and reached adulthood is allowed to view his or her own file and other identity-related documents. Before viewing the information in the adopted child's dossier, the ICAA must make sure that the youngster has received the proper counseling. Therefore, legally speaking, no child may not be able to access their identity, despite the fact that "may be allowed" has not been given a legal interpretation.
Prakas on Minimum Standards for Children's Residential Care
In Article 3's section on social and cultural development, it is stated that residential care facilities must give children "The right to know and assert their identity, including name, ethnicity, nationality, religion, and languages, and full right to choose their own religion without any discrimination." It also states that residential care facilities must also give children "Permission to contact their family, even when the child is at risk of harm by the family
Articles 7 and 8 of the 1992 by Cambodia approved Convention on the Rights of the Child (CRC) and its optional protocol (OPSC)
However, as previously mentioned, according to Article 46 of the ICA, "An adopted child who has reached a sufficient age and level of maturity to understand the consequences of knowing his/her identity may be allowed access to his/her dossier, including the identity of his/her biological parents, upon written application with the Central Authority of the Kingdom of Cambodia, if it is in the adopted child's best interests." As a result, it is possible that for the best interest of a child, access to their dossier, including their biological
The majority of Cambodian parents, in the perspective of university students, do not tell their children that they have been adopted, or if they were born as a result of same sex surrogacy in Cambodia. Or, if a kid is born from a gemmate, parents can decide not to tell their offspring who their donor is.
Final word
Surrogacy is banned as of now in Cambodia, even if you pursue it via the most trusted surrogacy agency in Cambodia. Hence, it is ideal to look for alternatives in other countries like Ukraine, Kenya or Georgia.