● Although the relevant departments have carried out special crackdowns on surrogacy for a long time, from illegal sperm donation, egg donation to surrogacy production, the surrogacy industry chain in real life is still operating in the dark

  ● The entrusting party purchases surrogacy services with money, which is to use the surrogate as a "tool for human production" and "incubator".

Donor egg girls and surrogate mothers are randomly looked at and selected just like the commodities on the shelf. Height, weight, age, blood type, double eyelid, household registration, etc. can be customized

  ● Further improve the legislation and increase the punishment for illegal acts such as surrogacy, but at the same time consider making provisions for altruistic surrogacy who cannot give birth due to medical reasons, distinguish between illegal surrogacy and the needs of patients with reproductive disorders who desire to have the next generation. Compliant development of assisted reproductive technologies in artificial insemination, embryo transfer, etc.

  □ Our reporter Zhao Li

  □ Zhang Shoukun, a trainee reporter of this newspaper

  "At present, there are two types of IVF technology, the second generation and the third generation. The difference is that the third generation will have PGS screening, that is, the chromosome logarithm and structure of each embryo will be checked before transfer, and the gender of each embryo can be known at the same time. Selective transplantation and increasing the probability of a successful transplant."

  This sentence comes from Binbin, a customer service staff of a surrogacy agency.

The surrogacy agency where it is located mainly provides 6 types of test-tube and surrogacy models, "including success and risk", and buyers can even go to the agency to select "surrogate mothers".

  Recently, a reporter from the "Rules of Law Daily" found that although the relevant departments have carried out a special crackdown on surrogacy for a long time, from illegal sperm donation, egg donation to surrogacy production, the real-life surrogacy industry chain is still operating in the dark.

  Surrogacy agencies offer a variety of packages

  The number of fetal genders can be customized

  Surrogacy, commonly known as "borrowing a child from the belly", refers to a method of childbirth in which a person intending to have a child finds a third party to carry out pregnancy and childbirth. The former is called the intended parent or the entrusting party, and the latter is called the pregnant mother.

  In my country, surrogacy is neither supported by morality nor protected by law, but in reality there is a black industry chain.

  The reporter searched for contact information related to the surrogacy industry on domestic post bars, social platforms and e-commerce platforms to no avail, but searched for the contact information of dozens of domestic surrogacy agencies or so-called "surrogacy doctors" on some foreign social platforms.

Most of these surrogacy agencies are concentrated in southern coastal cities. In their case presentations, the demand side is diverse, including couples who are unable to have children, families who have lost their only child, single people who want to have children, and gay groups.

  In order to gain an in-depth understanding, the reporter communicated with them pretending to be buyers, egg donors and surrogates.

  According to Binbin, a customer service employee of a surrogacy agency: "Including test-tube and surrogacy, there are 6 modes: own sperm, eggs, conceive by yourself; own sperm, donate eggs, conceive by yourself; own eggs, donate sperm, Self-conception; own sperm, egg, volunteer's pregnancy; own sperm, egg donation, volunteer's pregnancy; own egg, sperm donation, volunteer's pregnancy. The cost is 600,000 yuan according to the selected technology and whether it is necessary to specify the gender, etc. It ranges from 800,000 yuan. We can also create half-twins, and the egg donation fee will be calculated separately. There may also be twin compensation fees, cesarean section compensation fees and other expenses."

  Seeing that the reporter still had doubts, Binbin went on to say that if there is a problem in any link, you can choose to terminate the payment and refund the fee.

In addition, blood and hair samples will be taken in person, and then the buyer will keep it.

After the baby is born, they will do a paternity test.

"The buyer can also come to the company to select volunteers."

  The "volunteers" Binbin refers to are surrogate mothers.

  According to people familiar with the matter, there are three types of surrogacy: one is that sperm and eggs are provided by the demander, embryo transfer is performed after in vitro fertilization, and the surrogate mother’s uterus is used for gestation; the other is that only the sperm comes from the demander, and the eggs are provided by the egg donor. It is conceived by a surrogate mother; the third is that only the eggs are provided by the demander, and after in vitro fertilization with sperm from a third party, the surrogate mother is conceived.

Some surrogacy agencies will also provide a variety of "packages" services based on needs, with clearly marked prices.

  Among them is a package that allows men to “go to the United States for surrogacy” without going abroad.

Xiaochu, a customer service employee of a surrogacy agency, told reporters: "We will find a doctor for you locally, and then collect your sperm, freeze it and send it abroad. The success rate for men is generally about 70%, and the success rate for women is relatively low, and the whole cost is 200,000 yuan. USD to USD 250,000. This fee includes two surrogacy, including a trial and error opportunity. One and a half to two and a half months after the child is born, you can return to your country, get a local account, and have American nationality. After the child is 21 years old, you can It can also be used to become a U.S. citizen.”

  The customer service showed the reporter the definition of "success and risk": a promise to give birth to at least one child within two years; including an unlimited number of embryos and embryo transfer an unlimited number of times until the child is successfully born.

  Every customer service staff of surrogacy agencies contacted by the reporter mentioned that in the cases they handle, dozens of children are born through surrogacy every year.

  According to the customer service staff, it does not include the cost of egg donation, the flight ticket for the baby's return, and the cost of isolation.

Except for the sperm freezing and the red envelope of 8,000 to 10,000 yuan for the doctor, all other links can be invoiced.

"The child's gender and bloodline can be selected, and the egg donor can even choose to graduate from an 'Ivy League school', but the cost will be higher. We all contact insurance, lawyers, birthing hospitals, etc., and pay the money until the child returns to China. , you don't have to worry about everything here."

  The reporter noticed that the surrogacy agency where Xiaochu, the customer service staff member, worked, also registered a company, whose main business is medical consultation.

According to Xiaochu, "In this way, customers are more at ease, and it is more convenient for them to handle things, such as signing a medical consultation contract when signing a contract in China. The consultation fee is 500,000 yuan, which is also included in the previously mentioned fees."

  The circle of friends of these surrogacy agencies seldom cover it up. Some will directly post the precautions and procedures for surrogacy, some will post advertisements for recruiting donor eggs and surrogates, and some will release pictures of women taking ovulation shots. , with the words "Start" and a happy emoji.

  There are multiple risks behind surrogacy

  Challenging laws and regulations, social ethics

  "You can choose the method of egg donation, either domestic or foreign. For example, if you are 165cm tall, look good, and have a college degree, it's about 70,000 to 90,000 yuan."

  "If you want a higher education, undergraduate or above, it may cost more than 100,000 yuan. Previously, a client found a girl with a graduate degree and spent 180,000 yuan."

  "There are all over the country, and they are between 19 and 25 years old. We will definitely try to find young ones, so that the girls' physical condition will be better. I have a previous successful volunteer profile here, you can take a look first. , you are welcome to come to observe and select volunteers at that time.”

  ...

  During the investigation, the reporter found that egg donor girls and surrogate mothers were randomly scrutinized and selected like commodities on the shelves. Height, weight, age, blood type, double eyelid, household registration, etc. can be customized.

  The reporter contacted several customer service personnel on the grounds that "the online loan is urgently needed, and the family is waiting for the money".

Wisteria, a customer service staff of a surrogacy agency, introduced the specific process to the reporter: the women's menstrual period starts the next day, and the eggs are retrieved 10 to 15 days after the injection. At that time, they need to come to the company's location.

  When the reporter asked how to ensure security, the customer service staff of these agencies said this:

  "It's all done by regular doctors. The specific hospital can't tell you. If it can accept video or choose in person, it will give you more money. Generally, it is 20,000 to 80,000 yuan. It can only be determined after specific understanding." Just come here to travel for 14 days." "There will be absolutely no harm, a medicine is more than 2,000 yuan, and the medicine is imported from abroad. The customer also takes these medicines for egg retrieval." "This is the young lady who came to us to do it last year. This year Came to see us again. I did it in August last year. After 5 days, I said that I didn't feel it. Many girls will come back and continue to look for us after they have done it."

  Donor eggs and surrogacy, are they really as harmful as these customer service staff said?

  According to Dr. Jiang from the Obstetrics and Gynecology Department of a tertiary hospital in Beijing, egg retrieval surgery in a regular hospital requires high environmental requirements and must be sterile and constant temperature.

However, most underground surrogates often look for informal clinics to retrieve eggs. There are problems such as incomplete disinfection, repeated use of equipment, and irregular operations. Egg donors and surrogate mothers may encounter health risks.

  Zheng Xueqian, executive vice chairman and secretary general of the Medical Legal Professional Committee of the Chinese Hospital Association, told reporters that from the perspective of social ethics, only the person who actually gave birth to a child is the mother of the child.

Our country adopts the "delivery theory" for who is the mother of the child, and whoever gives birth to the child is the mother; from the point of view of the requirements for the birth certificate, it is also in accordance with the rule that the childbirth is the mother.

  "The client who buys surrogacy services with money is treating the surrogate as a 'tool for human production' and an 'incubator'. Those women who 'lender' their stomachs for surrogacy will have to bear moral and ethical pressure for the rest of their lives, and their children will also fall into ' Who am I and where do I come from?" Zheng Xueqian said.

  In her view, the legal rights of surrogates are also at risk of being violated.

During the surrogacy process, the surrogate is subject to many restrictions from the client, such as not having sex at the beginning of surrogacy, to prevent the inability to distinguish the blood relatives of the child in childbirth; during the surrogacy process, the freedom of movement will also be restricted, according to the requirements of the client. Regular check-ups and even daily life like diet can be limited.

And in the process of surrogacy, the entrusting party may suspend the agreement. If the pregnant woman has an abortion at this time, it will destroy her body and mind; if she continues to give birth, the rights and interests of the children will be difficult to protect.

  "Random surrogacy behavior can easily disrupt social order, destroy public order and good customs, and there are legal and ethical risks." Zheng Xueqian said.

  Improve legislation and increase punishment

  Develop assisted reproductive technology in accordance with the law

  It is worth noting that in order to reassure the client and the surrogate mother, some surrogacy agencies said that they signed a so-called "surrogacy agreement" with the demander in accordance with the "Administrative Measures for Human Assisted Reproductive Technology".

  Is this agreement legally binding?

Experts gave a negative answer.

  "Any form of surrogacy is prohibited in my country." Wang Yue, deputy dean of the School of Medical Humanities of Peking University, said that the "Administrative Measures for Human Assisted Reproductive Technology" clearly stipulates that it is prohibited to buy and sell gametes, zygotes, and embryos in any form; medical institutions and medical personnel shall not implement any form of surrogacy technology.

This means that all forms of surrogacy are prohibited in our country, whether it is genotype surrogacy or gestational surrogacy.

  "The Civil Code stipulates that civil acts that violate the mandatory provisions of laws and administrative regulations are invalid civil acts; agreements and contracts that violate the principles of public order and good customs are also invalid. Therefore, surrogacy agreements have no legal effect." Zheng Xueqian said.

  In fact, relevant departments in our country have been taking action against illegal semen collection, illegal egg collection, and surrogacy.

But why is surrogacy still repeated?

  According to Xie Zhiyong, director of the Health Law Research Center of China University of Political Science and Law, the fundamental reason behind this is that there are no relevant measures in our country's laws to punish, and surrogacy is a long-chain, multi-link process, and currently my country only prohibits medical institutions from providing surrogacy services. .

  According to the "Administrative Measures for Human Assisted Reproductive Technology", relevant medical institutions and technicians are prohibited from implementing surrogacy. For medical institutions that violate the measures, the health administrative department of the people's government of the province, autonomous region, and municipality directly under the Central Government shall issue a warning, impose a fine of less than 30,000 yuan, and impose a fine of less than 30,000 yuan. Administrative penalties are imposed on the responsible persons, and if a crime is constituted, criminal responsibility shall be investigated according to law.

  "It can be seen that the state only punishes medical institutions, and there are no specific punishment measures for those who have specific needs for surrogacy, which makes some people take advantage of this loophole. Going abroad for surgery. And surrogacy is a long-chain process, sperm and eggs are widely used, not necessarily all of them are used for surrogacy. These combined factors have led to the long-term rampant underground surrogacy." Xie Zhiyong said.

  The reporter learned that in January this year, the National Health and Health Commission published the "Letter on the Reply to Proposal No. 4201 of the Fourth Session of the Thirteenth National Committee of the Chinese People's Political Consultative Conference" on its official website. In order to establish and improve legal egg donation and egg storage channels, the National Health and Health Commission has initiated the revision of assisted reproductive technology-related management measures, basic standards and technical specifications.

  The National Health and Medical Commission pointed out: "Through the promotion of assisted reproductive technology legislation, clear requirements for the management of assisted reproductive technology will be made, the abuse of assisted reproductive technology will be strictly prohibited, the punishment of violations of laws and regulations will be further increased, and the social ethical and moral order will be maintained. Follow up in a timely manner. The research progress of assisted reproductive technology, and the relevant management measures, basic standards and technical specifications of assisted reproductive technology shall be revised in due course.”

  Regarding how to eradicate the soil of surrogacy, the interviewed experts suggested: further improve the legislation and increase the punishment for illegal acts such as surrogacy, but at the same time consider making provisions for altruistic surrogacy that cannot be born due to medical reasons, and distinguish between illegal surrogacy and childbirth. Disabled patients are eager to meet the needs of the next generation, and develop assisted reproductive technologies such as artificial insemination and embryo transfer in compliance with laws and regulations.

At the same time, we will further improve the adoption system, appropriately loosen the conditions for adoption, and effectively meet the needs of some families.

  "The law can add supplementary provisions, and strictly limit the conditions for surrogacy technology to be applied in cases that meet medical indications. Through the top-level design of specialized legislation, the administrative supervision of the whole process, and strict legal regulations and punishments, the restrictions on surrogacy behavior can be realized. The effective protection and control of social, ethical, legal and other multi-disciplinary and multi-faceted standards and requirements, and respond to the immediate needs of groups with special circumstances." Zheng Xueqian said.

  In addition, Zheng Xueqian also put forward opinions from the business scope of the intermediary: "The intermediary company must be required to practice according to its registered content, and the practice content of surrogacy is impossible to pass the review."

  Wang Yue suggested that not only medical institutions and medical staff should be held accountable for their legal responsibilities, but also surrogate mothers, including biological parents, should be held accountable.

  Comics/Li Xiaojun