Legal Daily, Beijing, December 23 (reporter chenliping) when reviewing the draft amendment to the population and family planning law this morning, some members proposed that the provisions prohibiting the sale of sperm, eggs, fertilized eggs, embryos and surrogacy should be carefully considered
Member Yan Yixin said that the draft stipulates that "it is forbidden to trade sperm, eggs, fertilized eggs and embryos; it is forbidden to carry out surrogacy in any form"
Why add this one? What will be the impact of the law on the society after it is implemented? Has it been evaluated? In his view, this amendment is mainly to liberalize the second child
In addition, this provision is unnecessary, and it involves many legal issues
If this provision is added, sufficient reasons shall be given
Is the trade in sperm, eggs, fertilized eggs, embryos and surrogacy prohibited or regulated? Is it stipulated in this law or in other relevant laws? All these are worth discussing
It is suggested that this article be considered carefully
Committee member zhufazhong said that the revision of the population and family planning law this time is mainly to liberalize the second child
The law should be revised around this issue, and other issues can be postponed
We must be careful about surrogacy
According to relevant data, about 10 to 15 percent of couples of childbearing age in China are infertile
People with childbirth difficulties have a need for surrogacy
The government should help people solve this problem while cracking down on black surrogacy
Member zhoutianhong said that in 2001, the Ministry of Health issued the measures for the administration of human assisted reproductive technology, clarifying the prohibition of surrogacy
In judicial practice, surrogacy is invalid because it violates public order and good customs
However, since 2001, with the development of surrogacy technology, surrogacy has become more and more popular, especially after the society has a better understanding of the consequences of surrogacy and technological progress
Zhou Tianhong said that surrogacy is actually a respect for the reproductive rights of infertile couples, and the right to choose the reproductive mode is one of the basic contents of the reproductive rights
From the perspective of reproductive rights, infertile couples should not be illegally deprived of the right to obtain their children through surrogacy technology
Surrogacy is also conducive to easing family conflicts and ensuring people's right to pursue happiness
This is respect for the privacy of infertile couples and the physical rights of surrogate mothers
"It has been more than ten years since 2001
The technology, ethics and laws and regulations for surrogacy have changed
Surrogacy has been allowed in some countries and regions
It has gone through a process from comprehensive prohibition to gradual opening
" Zhoutianhong said that it should be said that the overall trend of surrogacy is from discrimination to understanding, from prohibition to partial opening, and then to opening
It is suggested that this provision should be reconsidered