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Paid surrogacy? Don't defy the law!

2022-07-10 19:48 browse:

In december2020, the video work "baby" directed by Chen Kaige hit the first place in hot search

"Baby" tells a fictional surrogate story, which has aroused heated discussion

At the end of the video, the following statement was made: ▲ video screenshot of baby in early January 2021, a controversial surrogate story was reported by the media: a surrogate mother was "refunded" by the client due to illness after pregnancy

She insisted on giving birth to a child, but she was unable to go to her registered permanent residence for various reasons; More recently, she traveled thousands of miles to find her biological father and wanted to ask him to help her get registered

Recently, Zheng Shuang fell into a whirlpool of public opinion again: suspected divorce, surrogacy, abandonment

The popularity of melons is amazing

On the afternoon of the 18th, Zheng Shuang's former boyfriend Zhang Heng issued a document denying rumors of fraud, loan sharking, debt evasion, and absconding to the United States with money, claiming that he was staying in the United States to take care of two young innocent lives

(slide up and down to view the full text) ▲ Zhang Heng's response to the two children mentioned by Zhang Heng on his microblog triggered netizens' discussion

He responded in the circle of friends, "well, the two babies are one year old and one month old" "well, of course it's my baby

"

Zhang Heng replied to the media that "because Ms

Zheng Shuang didn't cooperate with many legal procedures, he couldn't get the children to return home legally, so he couldn't come back

" At the same time, he also provided the suspected birth certificate of Zheng Shuang and Zhang Heng

▲ Zhang Heng provided the birth certificate of the suspected child

According to the Colorado population record certificate, the boy was born on december19,2019, and the mother's legal name is "Shuangzheng" and her age is 28; His father's legal name is "hengzhang", his age is 29, and his father's birthday is February 16th, 1990

At present, Zheng Shuang has not responded to this matter

From falling in love to breaking up, Zheng Shuang and Zhang Heng had a lot of trouble with each other

This time, the suspected surrogacy and abandonment of children have plunged the topic actress into new controversy

▲ the rise and maturity of the surrogate industry chain since the 1990s, the first batch of surrogate institutions began to appear in China

In 2001, the Ministry of health of the people's Republic of China promulgated the measures for the administration of human assisted reproductive technology, explicitly prohibiting the sale of gametes, zygotes and embryos in any form; Medical institutions and medical personnel shall not implement any form of surrogate technology

Those who implement surrogate technology shall be given a warning, fined less than 30000 yuan and given administrative sanctions by the administrative department of public health of the people's Government of the province, autonomous region or municipality directly under the central government; If a crime is constituted, criminal responsibility shall be investigated according to law

After being banned, private surrogacy went underground

After nearly 20 years of development, the surrogate industry has gradually formed a mature industrial chain

In the underground market, surrogate clients, surrogate agencies, surrogate mothers and medical personnel or clinics implementing surrogate technology are always active

"900000 yuan can successfully give birth to boys", "400000 yuan can be offered for donation of eggs with top 2 academic degrees" and "10000 babies will be born in ten years"

In this gray industrial chain, employers' longing for babies, practitioners' desire for huge profits and the cruel situation that surrogate women are used as surrogate tools are entangled

▲ the hidden danger of "black birth of surrogacy" can not be ignored

On December 20, a reporter from Yan finance and economics searched the Chinese judicial documents website with the keyword of "surrogacy" and found that since 2012, 400 disputes and judgments related to surrogacy have been found, which has shown a rapid growth in the past two years

In 2018, 40 cases were searched

81 in 2019

This year, the number has increased to 124

The first case in China: the custody dispute caused by surrogacy Li Lin and her husband Gao Jun gave birth to fraternal twins through illegal surrogacy

However, after Gao Jun's death, the child's grandparents took Li Lin to court and asked him to become the child's guardian

Their reason is that Gao Jun is the biological father of the two children, but the surrogate egg is not Li Lin's, which means that Li Lin has no biological relationship with them and has not formed a fictitious blood relationship as stipulated by law

The court of first instance ruled that the child should be under the custody of his grandparents; In the second instance, the Shanghai No

1 Intermediate People's court rejected the claim that the grandparent acted as the guardian of the child and brought up the child, and changed the judgment that the custody belongs to the foster mother, Li Lin

Houweiqing, the presiding judge and presiding judge of the collegial panel of the case, said that the judgment in the case considered the interests of children as the ownership of custody

"No matter how to deny and condemn illegal surrogacy, the children born by surrogacy are innocent and their legitimate rights and interests should be protected by law

Therefore, whether they are legitimate or illegitimate children, natural children or children born by artificial reproduction, including surrogacy, should be given equal protection

According to the principle of greater interests of the child, from the perspective of the guardianship ability of both parties, the child's needs for living environment and emotion Considering the impact of the integrity of the family structure on the children and other aspects, the custody of Li Lin is more conducive to the healthy growth of the children

Accordingly, it was determined that the custody of the twins should belong to Li Lin

" The case was also included in the work report of the higher people's court in 2017

The report pointed out: "the Shanghai court concluded the first custody dispute case caused by surrogacy in China, and clarified the ownership of custody with the principle of 'greater interests of children'

" In August, 2020, the Guangzhou intermediate people's court tried a surrogacy dispute

In 2017, Yin found the Guangzhou baoruyuan health management consulting agency and wanted to surrogate

He signed a three generation test tube standard surrogacy agreement with oumou and baoruyuan, hoping to surrogate a boy through test tube baby

After signing the agreement, Yin transferred more than 500000 yuan to baoruyuan for several times

However, it is unexpected that on January 30, 2019, the surrogate baby will be hospitalized on the day of birth and diagnosed as an unhealthy high-risk baby

In March, the baby boy died and survived only 57 days

Yin believes that the baby died because of improper surrogacy behavior of baoruyuan agency, so he appealed to the court

In this case, whether the surrogacy agreement is an invalid contract has become the focus of controversy

The court held that the contract law stipulates that a contract is invalid if it damages the public interest

The conclusion of relevant civil contracts shall not violate the public order of society or the traditional social customs and morals of China

In the end, Mr

Yin still needs to bear 50% of the responsibility by himself, while Mr

ou and Bao Ruyuan jointly bear 50% of the responsibility

▲ paid surrogacy? People's court newspaper: don't defy the law! For surrogacy, the people's Court issued a document to remind: don't defy the law! The use of surrogate technology may constitute a crime

As an act that is not recognized by the law of our country, surrogacy can not protect its own rights and interests by only relying on a paper contract

Once an accident occurs, the money and emotion paid cannot be recovered again

Moreover, under the unregulated market environment, the bioethics of defective infants and the rights and interests of surrogate mothers are unsolved problems

Behind the increasingly mature industrial chain and the frequent occurrence of market chaos, we not only need moral self-reliance and ethical adherence, but also need a clear definition of the law and the strict implementation of practical law enforcement

Editor: zhuyuanlin nuclear School: guoxiaohua report / feedback