Is surrogacy legal? The draft amendment to the population and family planning law was submitted to the 18th meeting of the Standing Committee of the 12th National People's Congress for deliberation on the 21st
The draft stipulates that the sale of sperm, eggs, fertilized eggs and embryos is prohibited; Surrogacy in any form is prohibited
At the same time, the draft makes it clear that the implementation of human assisted reproductive technology without approval; Buying and selling sperm, eggs, fertilized eggs and embryos; Where surrogacy is carried out, the administrative department of family planning or the administrative department of public health shall, in accordance with their functions and powers, order correction, give a warning and confiscate their illegal gains; If the illegal gains exceed 10000 yuan, a fine of not less than two times but not more than six times the illegal gains shall be imposed; If there are no illegal gains or the illegal gains are less than 10000 yuan, a fine of not less than 10000 yuan but not more than 30000 yuan shall be imposed; If the circumstances are serious, the original issuing authority shall revoke the practicing certificate; If a crime is constituted, criminal responsibility shall be investigated according to law
The Ministry of health clearly stipulated in the administrative measures for human assisted reproductive technology, which came into effect in 2001: medical institutions and medical personnel shall not implement any form of surrogacy technology
In order to avoid this provision being too vague and lack of operability, the measures also clearly stipulate the legal liability of medical institutions for illegally implementing surrogacy, that is, the health administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the central government shall give warnings, impose a fine of less than 30000 yuan, and give administrative sanctions to the persons responsible; If a crime is constituted, criminal responsibility shall be investigated according to law
Chinese law stipulates that human assisted reproductive technology can only be implemented in medical institutions approved by the health administrative department, only for medical purposes, and in line with domestic family planning policies, ethical principles and relevant legal provisions
China expressly prohibits the sale of sperm, eggs, fertilized eggs and embryos in any form
The Ministry of Health said that the implementation of "surrogate" technology has serious social harmfulness, involving a series of social, moral, legal and other issues, and is contrary to the existing laws, regulations, ethics and social morality
China expressly prohibits any form of surrogate technology
The health administrative department will seriously investigate and deal with any medical institution and medical personnel that illegally implement surrogacy technology
