Can the black chain of birth that should be "surrogated" be held by the French Open
On January 18, the news that actor Zheng Shuang was suspected of abandoning surrogacy, once again aroused public attention on the topic of surrogacy.
In December 2020, the video work "Baby" directed by Chen Kaige caused controversy because it expressed the fictional surrogacy story too "warmly".
The "People's Court" reminded by name: "Don't try the law with your own body." my country clearly prohibits surrogacy.
In our country, the implementation of surrogacy technology may constitute a crime.
However, the China Youth Daily and China Youth Daily reporters found that some websites and apps still provide surrogacy services under "alias". According to different "packages", the price ranges from several hundred thousand yuan to millions of yuan.
Even, some of the business scope has expanded to the United States, Canada, Ukraine and other countries.
On the dating software Blued, the business named "Blue Baby" is to "provide professional services for users who go overseas for assisted reproduction". You can obtain mixed-race babies through the "third-generation test tube + third-party" overseas assisted reproduction program .
The official website also has a quotation calculator, which can generate quotations according to customer needs.
On January 19, the reporter discovered that the "Blue Baby" entry in the App had been replaced with "Health Encyclopedia", and the official website of "Blue Baby" was no longer searchable.
Hidden surrogacy services on multiple websites and platforms
It is understood that the current surrogacy behavior is mainly divided into two ways: one is that couples in need provide sperm and eggs, and the surrogate will produce them after fertilization; the second is that the man provides sperm and combines with the surrogate’s egg. Surrogate birth by the surrogate.
According to the Enterprise Check App, Blue Baby is a "medical institution going to the United States to give birth to children", registered in 2017, and its business includes going to the United States for IVF, going to the United States to freeze germ cells, going to the United States for assisted reproduction, and serving HIV-infected people.
The sole shareholder of the company is Beijing Blue City Brothers Cultural Media Co., Ltd., which is the same as the Blued main company.
On the official website of Blue Baby, the floating pane of "Overseas DIY Baby Raiders" is eye-catching.
Customers can not only choose the surrogate mother, but also "customize" the baby's gender, "Want a baby boy, a baby girl, or a baby?" "The price is clear at a glance, and you can't be bullied"... After the reporter logs in, press the "Quotation Calculator" After selecting a series of options such as the baby’s gender, quantity, and country of birth, we got a quotation of RMB 805,600 and a clear price list.
"Blue Baby" is not alone.
The reporter searched on multiple platforms and found that there are not a few organizations that provide surrogacy services.
As a pregnancy seeker, the reporter contacted a website called "Xiangcai".
According to a person claiming to be a business consultant, surrogacy services are currently available in Shanghai, Guangzhou, Changsha, and Wuhan in China. Different package prices have different services.
For example, 648,000 yuan can be used to retrieve eggs for unlimited times within two years.
In case of sudden bleeding, hysterectomy, amniotic fluid embolism and other emergencies of the surrogate mother, the customer shall bear 70% of the responsibility.
However, "you only need to pay an additional 50,000 yuan, and all these disputes can be exempted."
She said that despite the current epidemic, customers can still go to Thailand and Cambodia for surrogacy operations. "We have been doing this for 12 years and the loopholes that should be plugged are closed."
When a reporter asked whether the surrogacy was legal, she said that the subject of the contract is a foreign hospital directly operated, and "Both of us are protected by law."
According to China News Agency, many legal professionals found it difficult to assert that the person involved was “breaking the law” because of the “surrogacy”.
Chinese people go abroad for "surrogacy" to avoid domestic legal risks.
However, as the comment on the official WeChat account of the Central Political and Legal Affairs Commission stated, as a Chinese citizen, because "surrogacy" is prohibited in China, he takes advantage of the legal loopholes. This is by no means abiding by the law.
Liang Chen, a lawyer from Beijing Zhongwen (Shanghai) Law Firm, said in an interview with the media that it is illegal to publish surrogacy advertisements in China regardless of whether the surrogacy service promoted is carried out in China or abroad.
In April 2015, 12 ministries and commissions including the National Health and Family Planning Commission and the Propaganda Department of the Central Committee of the Communist Party of China issued the "Notice on Printing and Distributing the Special Action Plan for Combating Surrogacy", which required that the use of the Internet to publish information and advertisements related to surrogacy services be investigated and dealt with in accordance with the law. Violating website.
The victim is not just a surrogate mother
In fact, the victims of "surrogacy black birth" are not only surrogate mothers.
The Paper reported that the black chain of surrogacy is composed of the demander, the surrogacy company, the egg donor, the surrogate mother, the doctor who performs the surrogacy operation, and the hospital that issued the birth certificate.
"Recruitment of egg donation volunteers", "top2 egg donation offer of 400,000", "10-day remuneration of up to 30,000"... and such small advertisements can be seen in some colleges, hospitals, high-speed rail stations and other female toilets from time to time.
Weakening the pain and risk in the process of egg retrieval and strengthening the ease and speed of making money have become the "standard" for inducing young women to sell eggs.
On January 19, the People's Court of Baiyun District, Guangzhou City released a case.
Trabecula, a 17-year-old girl, sold her eggs for 15,000 yuan.
Agents Deng and Lai accompanied the trabecula for interviews, physical examinations, and ovulation injections. Later, she was taken to a villa for an egg retrieval operation, which resulted in rupture of the ovaries on both sides and the severity of serious injuries.
Fang Qi, a doctor from the Reproductive Center of Tianjin First Central Hospital affiliated to Nankai University, revealed in an interview with a reporter from China Youth Daily and China Youth Daily that surrogacy agencies often call women who sell eggs "egg sisters."
They hold a lot of information about these "egg girls", including age, blood type, hometown and education, etc., which will be made into a "menu" for customers to choose.
Previously, a Weibo big V once posted the real experience of seeking pregnancy on Blued.
In this diary, he revealed that "the'egg sister' ovulates nearly 30 at one time", and women of normal reproductive age release one mature egg every menstrual cycle.
Fang Qi said that in the black chain of surrogacy, uterus and eggs are packaged as commodities for sale, and women's reproductive health gives way to profits.
"In order to reduce costs, some clinics do not even inject anesthetics, but directly puncture the ovaries with the puncture needles and suck the eggs. This situation will be more painful," he said.
Nowadays, surrogacy companies and intermediaries are often packaged as "mother and child parenting bloggers" on some social media platforms to attract customers with "success stories".
In these articles, from time to time, there are descriptions of pregnant mothers called "loving mothers", or "single male guests selected Russian mixed girls" to increase persuasiveness.
If the client has "concerns" and worries about legal risks, it is easy to find the "golden fertility lawyer" in the United States on Weibo.
The client abandons and resells them, or it will give birth to a new type of human trafficking
It is precisely because surrogacy will cause a series of problems in the fields of fertility, ethics, law, morality, etc. At present, in countries with clear legal regulations on surrogacy, surrogacy is prohibited in a relatively large number.
my country does not support all forms of "surrogacy", but the legal gap cannot be ignored.
"After surrogacy is legal, there are organ sales and population sales. Anyone may be the next product." In the comment area of the Zheng Shuang incident, a Weibo netizen wrote.
In 2001, the "Administrative Measures on Human Assisted Reproductive Technology" promulgated by the Ministry of Health clearly stipulated that the sale of gametes, zygotes, and embryos in any form is prohibited.
Medical institutions and medical staff shall not implement any form of surrogacy technology.
If the medical structure for the development of human assisted reproductive technology violates the “implementation of surrogacy technology” of the Measures, the health administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government shall give a warning, a fine of less than 30,000 yuan, and administrative sanctions to the responsible personnel; if a crime is constituted, Investigate criminal responsibility in accordance with the law.
In an interview with the media, legal scholar Tang Xinghua quoted the Civil Code that came into effect this year and pointed out that "surrogacy" activities are currently clearly stipulated at the level of departmental regulations.
If analyzed from the legal level, it can be considered that “the'surrogacy contract' does not conform to China's current medical assisted reproductive technology specifications, does not conform to the current medical ethics and public order and good customs, so the'surrogacy' transaction activities should be legally invalidated."
However, the above-mentioned regulations mainly regulate "medical institutions with the technology to implement surrogacy", and do not have prohibitive regulations on surrogacy seekers and surrogate persons.
A legal practitioner said that the above-mentioned measures are "departmental regulations" and are not of a high rank, making it difficult to authoritatively and completely regulate all behaviors in the surrogacy chain.
Lei Jiamao, a lawyer at Guangzhengda Law Firm in Guangxi, believes that my country's laws, especially the criminal law, do not specifically regulate surrogacy.
To a certain extent, this has led to problems such as low enforcement efforts and low costs for violations of laws and regulations. It is difficult to convict and sentence relevant personnel, and intermediaries can only be given administrative penalties under normal circumstances.
Liu Huawen, deputy director and researcher of the Institute of International Law of the Chinese Academy of Social Sciences, said in an interview with a reporter from China Youth Daily and China Youth Daily that during the process of surrogacy, the client’s behaviors of abandoning and reselling will most likely give birth to a new type of human trafficking.
According to the UN "Convention against Transnational Organized Crime, the Supplementary Protocol on the Prevention, Suppression and Punishment of Trafficking in Persons, Especially Women and Children", which my country has joined, neither humans nor human organs can be illegally traded. Human trafficking should be prevented and punished. The serious criminal offenses to combat.
Lei Jiamao suggested that digging into the clues of complaints and reports involving surrogacy behaviors and strengthening law enforcement is a move that can be done now.
China Youth Daily·China Youth Daily reporter Chen Qian