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Legal Daily article: don't "let go" of surrogacy

2022-09-25 19:47 browse:

Since the two child policy was fully liberalized, infertility has become a bigger worry for families who want to have two children

Wanglina, chief physician of Obstetrics and Gynecology of the Third Affiliated Hospital of Beijing Medical College, suggested that the access to surrogacy should be properly liberalized, but commercial surrogacy should be prevented

Wangyifang, a professor at the Institute of medical humanities of Peking University, believes that surrogacy should have a "brake" and cannot drive at will (people's daily, February 3)

For a long time, surrogacy has been forbidden by law in China

As early as 2001, the former Ministry of Health issued the administrative measures for human assisted reproductive technology, which clearly stipulated that medical institutions and medical personnel should not implement any form of surrogacy technology

On january1,2016, the amendment to the population and Family Planning Law added a new provision: "it is prohibited to trade sperm, eggs, fertilized eggs and embryos; it is prohibited to carry out surrogacy in any form

" In this regard, some deputies to the National People's Congress suggested that the "Prohibition of surrogacy" could be changed to "standardization of surrogacy"

This time, some experts called for "letting go of surrogacy", which can be said to be a repetition of the old story

The problem is that "standardizing surrogacy" and "liberalizing surrogacy" are contrary to the current laws of China; At the same time, assisted reproductive technology should not be confused with illegal surrogacy

However, there is an essential difference between the two

Assisted reproductive technology refers to a series of technologies to treat infertility through the manipulation of egg cells, sperm, fertilized eggs and embryos, such as the test tube baby technology, which is widely used at present

The so-called surrogacy, in a popular sense, is "giving birth by means of an abdomen", which combines the surrogate's egg with the buyer's sperm to form a fertilized egg, which completes the whole pregnancy process in the surrogate's uterus and produces smoothly

Such a controversial process in medicine has been exploited by some people into a legal loophole, which has become a means of making profits

Some women, driven by interests, choose to be "surrogate mothers"

However, in people's opinion, "giving birth to a child through abdomen" has always been an act against human ethics

Among them, the more prominent problem is the confirmation of parental identity

Because the child was conceived and born by a "surrogate mother" in October, she has regarded the child as her own

Although some surrogate agreements clearly stipulate that the "surrogate mother" will never meet the child, is this kind of blood connected mother child relationship willing? This will undoubtedly lay a curse for future moral and ethical disputes

At present, some surrogacy disputes occur frequently, which not only puts the parties in a moral dilemma, but also affects social harmony and stability

It can be seen that for surrogacy, it is not easy to say "let go"

On the contrary, as far as the prohibition of surrogacy is concerned, it can only be strengthened, not weakened

Of course, with the birth of a new technology, all sectors of society should pay attention to the follow-up and synchronization of its supervision, not just ethical accusations and complaints about the absence of law

We should not only prohibit illegal surrogacy, but also take into account the desire of patients with reproductive disorders to have the next generation, and treat them separately from the legal supervision procedures

However, the regulation of assisted reproductive technology and surrogate behavior, which is only based on the population and family planning law and many department regulations of the health and family planning department, is both complex and not targeted

However, the relevant departments cannot ignore the existing laws and regulations and wait for the promulgation of special laws in China

Therefore, for human assisted reproductive technology, we should not only speed up legislation, but also strengthen strict management

[post] the surrogacy issue should be considered comprehensively, not as simple as liberalizing or prohibiting, but as a result of medical technology, ethical relations, social management and other factors

Even if we consider liberalizing surrogacy, we should promote it in an orderly manner and strictly limit the threshold and conditions of surrogacy

First, commercial surrogacy is strictly prohibited, and it is defined as a public welfare category rather than a commercial category

Second, the method of random selection of surrogate should be adopted to restrict the random selection of surrogate

At the same time, we should also pay attention to ethical supervision and technical supervision

(Henan shihongju)

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