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Cambodian women face surrogacy charges after Vietnam births

July 19, 2019

PHNOM PENH, Cambodia (AP) — Three Cambodian women have been charged with violating surrogacy and human trafficking laws after they gave birth to babies they delivered to Chinese nationals in Vietnam, a court official said Friday.

Phnom Penh Municipal Court spokesman Ei Rin said the women, aged 31 and 32, are being detained pending further investigation after being charged on Thursday.

Chhiv Phally, the director of the Interior Ministry’s Human Trafficking and Juvenile Protection Department, said the three women were detained by Vietnamese police and returned to Cambodia after they illegally crossed into the country to deliver their children to Chinese nationals for $8,000 per child, reported the English-language Phnom Penh Post newspaper.

Cambodia’s anti-surrogacy law carries a penalty of one to six months in prison, while the human trafficking charge, involving crossing borders, is punishable by 15 to 20 years’ imprisonment.

The anti-surrogacy law was intended to target intermediaries between parents and surrogates, but in the absence of a more appropriate law, has also been applied against women who carry surrogate pregnancies and give birth. The government has said it is drafting a new law to cover surrogacy, but it is not known when it will be ready.

Cambodia hurriedly passed its first law specifically targeting surrogacy in 2016 as the country was becoming a popular destination for foreign would-be parents seeking women to give birth to their children.

Developing countries are popular for surrogacy because costs are much lower than in countries such as the United States and Australia, where surrogate services can cost around $150,000. The surrogacy business boomed in Cambodia after it was put under tight restrictions in neighboring Thailand. There also were crackdowns in India and Nepal.

After Cambodia’s crackdown, would-be parents shifted to seek out surrogates in neighboring Laos.

In December, 32 Cambodian women who were charged with human trafficking for serving as surrogate mothers were released from detention after agreeing to keep the babies rather than giving them up as originally planned.

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