Original title: the temptation and dilemma of surrogacy recently, the sensitive word "surrogacy" has frequently appeared in the public's field of vision, frequently searched and caused widespread heated discussion
On the afternoon of January 19, CCTV news commented that surrogacy abandonment trampled on the bottom line: Law and morality are intolerable@ Microblog surrogacy refers to the process that the entrusting couple authorizes the surrogate mother to complete the pregnancy and delivery of embryos with or without genetic connection with the entrusting couple on the premise of having clinical indications
According to the genetic connection between surrogate mother and embryo, surrogacy can be divided into complete surrogacy and partial surrogacy
Yaohong, chenkaixin, Chenliyun
International policy practice and Enlightenment related to human assisted reproductive technology [j]
Population and society, 2017, 33:91-100@ It can be seen from Weibo that it is strictly prohibited by law in China, but this grey industrial chain has always existed
From the relevant data, in recent years, the surrogate industry has "flourished", and the reasons behind it are thought-provoking
In April, 2020, "tianyancha" exposed that it had been working in a surrogate agency in Guangzhou for more than 10 years and handled more than 400 surrogate babies, which was known as "one-stop surrogate with 880000 packages of success" @ microblog ahmaritehranh, tasis, mehrann, eskandarin, dadkhahtehranit
Emotionalexperiencesinsurrogatemothers：Aqualitativestudy。 IranJReprodMed。 2014; 12：471-480。 Studies have found that psychological problems are common among fetal mothers with congenital heart disease, resulting in damage to the development of fetal cerebellum and hippocampus
In other words, surrogacy is likely to affect the physical and mental health of the surrogate mother and the child
Surrogacy itself, in fact, is to make a group of poor and vulnerable women experience greater pain and infringe on their physical, mental and rights
Surrogacy provides the rich with more reproductive options, but at the cost of poor women's health, freedom and even life
From the media reports, we can see that the surrogate intermediary has made "huge" profits by taking advantage of its monopoly position, and has also aggravated the exploitation of surrogate women
In the BBC high score documentary "surrogate", I visited and revealed the commercial surrogacy industry in India
A surrogate mother said: "my surrogate is to let my daughter not use the contemporary pregnant mother in the future
" Surrogate mothers just want to "finally save some money and change their lives"
However, their fate has also been changed, including children
There is no winner in surrogacy, but only the child is completely innocent
It is a sad story that surrogate mothers and children are treated as "commodities" rather than people
The main reason why surrogacy is not allowed by law in some countries is the ethical issues involved
It includes the difficulties in identifying the identity of parents, the preference for the gender of children, the commercialization of gametes, iatrogenic half fathers or half mothers, the human crisis caused by embryo experiments, and so on
These ethical issues can not be resolved and become one of the important reasons that hinder surrogacy
"Guanzi eight Outlooks" said: "if you disobey human ethics, birds and animals will die out after ten years Life science is advancing in depth, which can not only create life miracles, but also create human disasters
Article 14 of the administrative measures for human assisted reproductive technology promulgated in 2001 involves the right to know of the relevant parties, and stipulates that the implementation of artificial reproductive technology should follow the principle of informed consent
When ethical issues are involved, they should be decided by the medical ethics committee after discussion
In addition, according to the measures, it is also pointed out that the medical institutions implementing artificial fertility technology should keep the confidentiality of the parties, not disclose relevant information, and should establish and improve the technical file management system
From the above provisions, it can be seen that the legal profession in China has realized the difficulties brought by the development of medical technology to a certain extent
When it comes to the problems caused by assisted reproduction, it also actively strives to regulate from the legal and institutional aspects
However, although these norms have a clear legal position, the content is too broad and brief, and our relevant legislation is still immature
There are no legal provisions on such issues in several major laws and basic laws
Therefore, it is imperative to improve the relevant legislation
It may be difficult for us to measure whether surrogacy has more positive than negative impacts on all parties choosing surrogacy, but one is certain
Opening the legalization of surrogacy rashly will only bring more problems
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