Social news Legal Daily, January 21, 2015, 10:06a-a+ scan the mobile phone to read
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Sina Weibo, Tencent Weibo, QQ wechat original title: after the media recently exposed the black interest chain of surrogacy, the surrogacy problem has attracted widespread attention again
It is reported that “ Egg donation ” College students are priced according to their beauty, and they are auditioned online
Looking at facial features, measuring height and listening to conversation, customers who need children are as picky as choosing goods
In order to make money, young girls do not hesitate to sell their eggs, and surrogate mothers do not hesitate to “ Lending ” Own belly
In recent years, there has been a constant debate on the ethics and legal regulation of surrogacy, and the relevant departments have also taken many measures to crack down on it
However, illegal surrogacy is still prohibited repeatedly
Experts pointed out that surrogacy can make up for the lack of fertility, and the complete prohibition of the law may make it go underground due to huge demand
On the premise of strengthening the legislative norms and clarifying the legal rules, we can consider carefully and strictly releasing surrogacy
After the chaos of the surrogacy industry was exposed and the illegal surrogacy industry chain was exposed, netizens showed strong concern about it
Xinhua public opinion monitoring system shows that hot public opinion labels such as illegal surrogacy and intermediary profiteering are highlighted in the report title
As of 15:00 p
m
on January 12, the total amount of public opinion information was about 3444
In recent years, the problem of surrogacy has caused widespread concern in the society for many times
In 2010, with the help of test tube baby technology, a businessman in Guangzhou found two surrogate mothers to deliver octuplets, which once set off a round of surrogate debate
In addition to the interest chain formed by illegal intermediaries and black clinics, even regular medical institutions are involved in the business of illegal surrogacy
In October, 2014, the illegal fact that Wuhan 672 hospital rented departments to commercial institutions and illegally carried out human assisted reproductive technology services and surrogacy was discovered
The relevant departments took this as a clue and destroyed a super large shelter for illegal surrogacy
The domestic surrogate market has been turbulent for many years
The reporter searched the word "surrogacy" on the Internet, and various surrogacy intermediaries, surrogacy website advertisements, etc
quickly jumped out of the web page
Compared with the rampant momentum of illegal surrogacy, the supervision work is not good enough
When the media exposed the surrogate industry chain this time, they described the current situation of weak supervision as “ Grandly peddle unattended &rdquo& ldquo; The principle of administration according to law is no punishment without explicit provisions of the law
Therefore, the first issue facing supervision is the legal basis& rdquo; Liu Bo, Deputy Secretary General of the criminal law professional committee of the Beijing Lawyers Association, said that at present, the only relevant provisions regulating surrogacy are the administrative measures for human assisted reproductive technology and the administrative measures for human sperm bank issued by the Ministry of health
These two laws are departmental rules with low effectiveness, too principled punishment provisions and weak punishment& ldquo; Due to the lack of legal basis, all departments have concerns in dealing with this issue and are unwilling to make efforts in dealing with the issue of illegal surrogacy& rdquo; Zhouzhenjie, associate professor of the Academy of criminal law sciences of Beijing Normal University, said that illegal surrogacy has been banned repeatedly for many years, exposing the reality of inadequate supervision
At present, China's health departments can only manage doctors and medical institutions
The handling of surrogacy websites and surrogacy intermediaries requires the cooperation of industry and commerce, public security, industry and information technology and other departments
However, at present, China lacks such a multi agency cooperation mechanism
The law on punishing surrogate agencies is not strong enough
In the whole illegal surrogate industry chain, egg sellers and surrogates are at a lower link of the chain, and their rights and interests are difficult to be protected
Surrogate mothers waiting to give birth are generally arranged by intermediaries to various residential areas, and special personnel are responsible for their food, housing and transportation
It seems to be an ordinary collective life, but in fact, the surrogate has lost his personal freedom and has become a money making intermediary “ Machine ”
Medical experts point out that large dose of ovulation induction before ovulation induction and surgery during ovulation induction will pose a potential threat to the health of girls
Poor operation will directly affect future fertility and even cause sterilization
If the other party asks for a baby boy, the child conceived by the surrogate may be forcibly knocked out by the intermediary due to gender selection
However, such a high health risk was maliciously concealed by the intermediary
The person in charge of a surrogacy intermediary told a media reporter in an unannounced interview with a smile: “ It all depends on deception
How can we tell them the harm of promoting emission& rdquo;& ldquo; Egg sellers, egg buyers and surrogates may face the risk that the agreement between them and the intermediary is invalid, so they cannot get legal protection when their interests are damaged& rdquo; Liu Bo said
The rich profits of the surrogacy industry attract more and more intermediaries to join, and some of them are even operating in cross regional groupings
Zhouzhenjie pointed out that from the current legislative situation, the administrative measures for human assisted reproductive technology and the administrative measures for human sperm bank are aimed at medical institutions and medical personnel, and non-medical institutions and non-medical personnel cannot be punished according to them& ldquo; Surrogate agencies may bear administrative responsibilities such as warning, fine, revocation of the practice license of medical institutions, administrative sanctions, or bear criminal responsibilities such as the crime of illegal medical practice and the crime of illegal business operation, but there will be disputes on the application of specific charges& rdquo; Liu Bo said
Commercial surrogacy must be strictly prohibited
For a long time, surrogacy is not only on the edge of the law, but also a controversial moral and ethical issue
Zhou Zhenjie believes that although surrogacy will bring ethical and even legal problems, the position of the existing laws on the prohibition of surrogacy is questionable
He pointed out that surrogacy is not a completely negative thing, which can meet the shortcomings of some infertile people
According to the statistics of the global health organization, nearly 100million people worldwide are suffering from infertility, and the incidence rate of infertility in China is about 7% to 10%
In some European countries, the number of babies born using reproductive technology has accounted for 5% of the total number of newborns& ldquo; Surrogacy can form an industry with great demand in China, which also shows the value of surrogacy from the negative side
Therefore, the complete prohibition of surrogacy can only make all surrogacy go underground, and the rights of all parties cannot be protected, which will have the opposite effect& rdquo; Zhouzhenjie said
According to zhouzhenjie, surrogacy has been legally recognized in many countries around the world, including Britain, Australia, Belgium, the Netherlands, Denmark, Hungary, Romania, India, Thailand, Russia, Finland and Greece
For example, the 1983 Australian family law amendment provides that the husband is the legal father of his children if he carries out heterogeneous insemination with the consent of the husband or in accordance with legal provisions; The human insemination and embryo Act 1990 of the United Kingdom stipulates that when the wife accepts donor sperm for artificial reproduction technology with the consent of her husband, the husband is the legal father of the children of artificial reproduction
At the same time, the law stipulates that if no one can become the legal father of the child, if the donor and the wife are subject to the same license for common medical services, then the donor is regarded as the legal father of the child& ldquo; Surrogacy is a new technology of modern biomedicine
It is a double-edged sword for human society
It can promote human health, solve the problem of infertility, and also bring negative effects and dangers
For this reason, neither absolute prohibition nor absolute indulgence is advisable
In view of the current situation of surrogacy, it should be the first choice to improve laws and regulations, appropriately intervene in industry ethics, and carefully and strictly formulate policies& rdquo; Liu Bo said
Zhouzhenjie suggested that we should improve our surrogacy legislation from two aspects
On the one hand, in view of the huge demand for surrogacy, it is suggested that surrogacy should be carefully released, regulated by legal means, the conditions, scope, procedures and legal consequences for the use of surrogacy technology should be clearly defined, and the basic principles of surrogacy such as the principle of confidentiality should be established
It is required that all surrogacy must be conducted in a legal medical institution under the guidance of qualified medical personnel
On the other hand, commercial surrogacy is prohibited, including organizational behavior, introduction behavior, advertising behavior and other helping behaviors; Clarify the responsibilities of the regulatory authority
For medical institutions and medical personnel, they shall be supervised by the health department; For other institutions and personnel, the industrial and commercial department shall be responsible for supervision, with the assistance of the public security and industrial and information technology departments
