The reporter from "Xinhua viewpoint" found that in recent years, the domestic underground "surrogacy black market" has shown abnormal prosperity, and various disputes and risks arising from surrogacy have also increased day by day
A variety of "package" services were provided, including a "one-stop" offer of more than 700000 yuan for paternity testing
After the failure of test tube babies for many times, a couple in their 40s in Chengdu thought of finding a surrogate
"My husband said that he would divorce if he didn't have children
Considering the relationship between husband and wife for so many years, he really had no choice but to try everywhere
" Qin fan (a pseudonym), 42, said helplessly
Qin Fan said that they found a surrogate agency in Guangzhou and offered 900000 yuan to Thailand
At present, the couple are putting together money for a try
Although the law of our country clearly prohibits medical institutions and medical personnel from implementing any form of surrogacy technology, in recent years, the underground industry chain of surrogacy has become increasingly active and its scale has been expanding
The reporter's investigation found that there were many small advertisements such as "surrogate pregnancy", "selling eggs" and "giving birth to a son" on the toilet door of many gynecological and obstetric hospitals
According to insiders, surrogacy can be divided into three types: first, sperm and eggs are provided by the demander, embryos are transferred after in vitro fertilization, and pregnant with the uterus of the surrogate mother; Second, only the sperm comes from the demand side, and the eggs are provided by the supplier and pregnant by the surrogate mother; Third, only eggs are provided by the demander
After in vitro fertilization with the sperm of a third party, they are conceived by a surrogate mother
Some surrogacy agencies also provide a variety of "package" services according to demand, with a clear price
The reporter contacted a customer service Xiaofu in Changsha, Hunan Province called "tianbaoer medical" as a customer
According to the price list provided by her, the cost of transplantation alone or together is 110000 yuan, and the cost of surrogacy alone is 350000 yuan
The "one-stop" service covering, transplantation, surrogacy and paternity testing promises that the "zero risk" package for holding the baby in two years is 73
80000 yuan
The reporter's search on tianyancha for the information of "tianbaoer medical" shows that the affiliated enterprise of "tianbaoer medical" is Wuhan tianbaoer Medical Consulting Service Co
, Ltd
, and its business scope includes health consulting (excluding diagnosis and treatment), medical system software development, medical information consulting, medical equipment technical consulting and technical services Transplantation is a kind of diagnosis and treatment operation, which is not within its business scope
According to the relevant competitive product information, 36 enterprises provide similar services
Most of these enterprises in Guangdong, Beijing, Yunnan, Sichuan and other places have the keyword "test tube baby inquiry service" in their profiles, but almost none of them have the qualification for diagnosis and treatment
The reporter walked into a so-called "reproductive health information" organization in Chengdu
On the surface, the organization provides health information and overseas medical treatment for infertile patients
In fact, it also acts as a surrogate agency
The official microblog of the organization also openly mentions "thank the surrogate mother" and other contents
When the reporter asked to know about the details of the surrogate package and the relevant contracts, the other party raised their vigilance and asked to register their personal ID number and issue a marriage certificate
Multiple risks behind it: surrogate mothers often diagnose and treat their children with defects in "black clinics" or are rejected by their parents
According to the reporter's investigation, the core group of surrogate mothers is those who lose their independent families at an older age and their ability to conceive and give birth independently due to illness
Although China has banned the development of surrogacy services, this has not stopped the brutal expansion of the surrogacy industry
Surrogacy goes underground, and some people pay high prices to take illegal ways
Illegal surrogacy has broken the traditional concept and order of fertility, and brought a series of medical, legal, ethical and other risks
First, medical risks
Zhuyimin, director of the Reproductive Endocrinology Department of the obstetrics and Gynecology Hospital Affiliated to the Medical College of Zhejiang University, introduced that the drainage promotion operation in regular hospitals has high environmental requirements and must be sterile and constant temperature
However, most of the underground surrogacy often look for informal clinics to promote the discharge
There are problems such as incomplete disinfection, repeated use of instruments, and non-standard operation
The surrogate and the surrogate mother may encounter health risks
Ms
Han (not her real name), who lives in Chengdu, Sichuan Province, became a "surrogate mother" through an intermediary in 2017
Ms
Han said that the embryo implantation operation was carried out in an underground black clinic
But in the third month of pregnancy, when Ms
Han went to the hospital for examination, she suddenly found that she was infected with syphilis
The customer went back on his word and asked Ms
Han to have an abortion
Ms
Han was worried about her age and the damage to her health caused by abortion
She chose to give birth to her own child
Now, the child is 3 years old, but due to identity problems, he has been unable to register and settle down
Second, legal risk
In recent years, there are many legal disputes caused by surrogacy, including surrogacy contract disputes, custody disputes and inheritance disputes caused by surrogacy
Caiping, a lawyer from Jiangsu Leshi law firm, said that babies cannot be used as trading commodities, so the surrogacy contract itself is illegal and invalid
"Even if a surrogate agreement is signed, the contractual rights and interests that the parties expect to obtain are not protected by law
" Recently, the people's court in Nansha District of Guangdong Free Trade Zone concluded a surrogate dispute case
Chen, a woman from Guangdong Province, signed a contract with a medical tourism group, which promised to provide them with better medical resources in Thailand for IVF and surrogate services
The operation of offspring pregnancy failed
Chen asked for a full refund of 380000 Yuan
The court held that the surrogacy contract was invalid, and the agency had a major fault
Chen also had a fault knowing that the surrogacy violated China's laws and public order and good customs; The court decided that the institution would return 160000 yuan to Chen after deducting the cost of providing relevant services for him
Third, ethical risk
Shi Jie, a lawyer from Sichuan Dingli law firm, believes that surrogacy poses a challenge to the traditional moral and ethical values
The dignity of surrogate mothers and surrogate children will be trampled, and women have become "fertility machines"
After some surrogate children are born, once their parents' feelings are broken, the situation of surrogate children will be very embarrassing
Some surrogate children are regarded as "defective products" because of their physical and organic defects, and are disliked by their parents
We should speed up legislation to block loopholes and strengthen the fight against illegal acts
The administrative measures for human assisted reproductive technology issued by the former Ministry of health in 2001 clearly stipulates that it is prohibited to trade gametes, zygotes and embryos in any form
Medical institutions and medical personnel shall not implement any form of surrogate technology
The administrative department of public health shall give a warning, impose a fine of less than 30000 yuan and impose administrative sanctions on the person responsible for the act of implementing surrogacy technology in medical institutions
In recent years, the domestic health department has investigated and dealt with a number of cases suspected of engaging in illegal activities of surrogacy
However, the reporter found that these investigated cases are only the "tip of the iceberg" of the "surrogate black market"
Yuanxiaolu, a partner of Hunan Jinzhou law firm, said that according to the current regulations, health departments can only manage regular doctors and medical institutions; The low illegal cost of surrogacy agency is an important reason for the repeated prohibition of "surrogacy black market"
Yuanxiaolu believes that it is difficult to effectively supervise the surrogacy problem only by the health department
Only by strengthening the linkage of health, market supervision, judicial organs and other departments can we crack down on the "surrogate black market" and promote the healthy development of the reproductive auxiliary medical industry
At present, there are different attitudes towards surrogacy around the world
France, Switzerland, Germany and other countries prohibit surrogacy
Non commercial surrogacy in Britain is a legal act
More than 20 states in the United States have different degrees of legal recognition for surrogacy
Many experts interviewed said that the administrative measures for human assisted reproductive technology is only a departmental regulation with a low level, and the supervision is far from keeping up with the needs of the situation
China should formulate special laws or administrative regulations on human assisted reproductive technology
On the one hand, we should strengthen the punishment of illegal acts such as surrogacy
On the other hand, we should distinguish between illegal surrogacy and the desire of patients with reproductive disorders to have the needs of the next generation, and develop assisted reproductive technology such as artificial insemination and embryo transfer in accordance with the law
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