I'm sure many of you are aware of the Certain Cool incident, which has been going on since it was revealed in theSurrogacy abroadThe baby, who was later abandoned abroad due to emotional discord between the two, while lamenting this irresponsibility, it is expected that many people will also ask, "What is the reason for this?Is Chinese surrogacy in the US legal or not?Can Chinese law govern or not? Today, on this topic, we will discuss it with you.
First of all, surrogacy in any form is not legal in China!
Surrogacy is categorized intopro bono surrogacyand two types of paid surrogacy, unpaid surrogacy, also called altruistic surrogacy, is free of charge and is done out of the nature of a favor, whereas paid surrogacy is done for compensation, and paid surrogacy in the country typically results in compensation of around $250,000
They are also categorized according to whether they are genetically related or notGestational Surrogacy and Traditional SurrogacyGestational surrogacy is the in vitro cultivation of an embryo through in vitro techniques, which is transferred to the surrogate mother. Traditional surrogacy, on the other hand, involves the surrogate mother providing her own eggs and then the prospective parents providing sperm to achieve a pregnancy through artificial insemination techniques.
Either type of surrogacy is illegal in China.
China's law on surrogacy:
The former Ministry of Health issued the Measures for the Administration of Human Assisted Reproductive Technology in 2001, in which article 3 stipulates that surrogacy is prohibited, and that the application of human assisted reproductive technology should be carried out in medical institutions for medical purposes and in accordance with national family-planning policies, ethical principles and the relevant legal provisions. It is prohibited to buy or sell gametes, congeners or embryos in any form. Medical institutions and medical personnel may not perform any form of surrogacy techniques.
Article 22 provides that anyone who carries out surrogacy techniques shall be given a warning, fined not more than 30,000 yuan, and the person responsible shall be given administrative sanctions; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law.
This is the legal basis for the prohibition of surrogacy in China; however, the Measures for the Administration of Human Assisted Reproductive Technology are departmental regulations, which are less effective than the Constitution, laws, administrative regulations and local regulations.
It is important to note that the provisions are restricted to healthcare organizations and medical personnel and do not bind other groups.
Even if surrogacy is illegal.However, children born through surrogacy are subject to the same legal protection.!
Although the practice of surrogacy is illegal, this does not affect the rights of the surrogate baby, who has the same rights as any other normally born child.
The Civil Code of the People's Republic of China provides that children born of artificial insemination by mutual consent of the husband and wife during a marriage shall be regarded as legitimate children, and that the relevant provisions of the Civil Code shall apply to the relationship of rights and obligations between parents and children. Therefore, in the spirit of the rule of law, in which all persons are equal before the law, children born as a result of surrogacy and children born as a result of other assisted human reproductive technologies shall be considered legitimate children and shall enjoy the same rights.
Surrogacy abroad complicates legal disputes!
Domestic surrogacy has not been liberalized, resulting in a lot of people travel to countries where surrogacy is legal to go to surrogacy, such as the United States, Kazakhstan, India, Ukraine and so on. Especially in the United States, surrogacy has formed a complete industry chain, with surrogacy lawyers guaranteeing the whole process and professional surrogacy agencies providing services. So far, it has been developed for more than 30 years, so many nationals would rather spend a lot of money to go to the United States, especially California for surrogacy. Because there are all kinds of rich surrogacy resources in California: surrogacy lawyers, surrogacy agencies, surrogate mothers, more choices and more professional!
Webmaster Analysis:
The reason why many nationals choose to go to the United States for surrogacy is that the surrogacy policy and medical technology in the United States are more advanced, and more care that theAmerican surrogate babies are born with American citizenshipSo even if it costs 200,000 dollars, it's still worth it. And the United States will provide a variety of documents after the birth of the baby, even if the baby to bring back to the country, through the paternity test, can still be on the domestic household registration.
However, it is important to note thatU.S. surrogate births also liable if abandoned!
According to the surrogacy law in the United States, after the birth of the surrogate baby, the commissioning parents that is, the baby's biological parents, the baby enjoys the right to custody, inheritance, it is clear that the main reason for a certain cool incident was blown up is that, because of the emotional problems, will be the child abandonment of the child, so that, of course, to be legally liable!
The first is civil liability for abandoning a child abroad:
Article 1058 of the Civil Code establishes the obligation of parents to provide for their children, and both spouses share the obligation to provide for the upbringing, education and protection of their minor children.
Article 1067 establishes the alimony provision, whereby a minor child or an adult child who is unable to live independently has the right to demand alimony from his or her parents if they fail to meet their alimony obligations.
In order to clarify the legal application of foreign-related civil relations, reasonably resolve foreign-related civil disputes and safeguard the legitimate rights and interests of the parties involved, China has formulated the Law on the Legal Application of Foreign-related Civil Relations.
Article 25 stipulates that the law of the place of common habitual residence shall apply to the personal and property relations between parents and children; if there is no place of common habitual residence, the law of the place of habitual residence of one of the parties or the law of the State of nationality shall apply to the extent that it is conducive to the protection of the rights and interests of the weaker party.
Article 29 stipulates that for maintenance, the law of the place of habitual residence of one of the parties, the law of the State of nationality or the law of the place where the principal property is situated shall be applied to the extent that it is conducive to the protection of the rights and interests of the person being maintained.
Therefore, even if one of the parents abandons a child born of surrogacy abroad, the minor's guardian or organization can sue in China to demand that the domestic parent fulfil his or her maintenance obligations and pay maintenance.
The second is criminal liability for abandoning a surrogate child abroad.
If a person who has the obligation to support a person refuses to support an old, young, sick or other person who is incapable of independent living, under aggravating circumstances, the act constitutes the crime of abandonment, and a person who commits such a crime shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or control.
It is certainly not the case that abandonment necessarily constitutes the crime of desertion; it depends on the circumstances of the case.The crime of abandonment is committed only if the victim is killed or seriously injured as a result of the abandonment, and if the person repeatedly refuses to correct the situation... The maximum penalty for the crime of abandonment under article 261 of the Penal Code is up to five years' imprisonment.
Chinese citizens who abandon their minor legitimate children, stepchildren or children born of surrogate pregnancies abroad, or who refuse to fulfill their due obligations when they are at home and their children are abroad, under aggravating circumstances, are still subject to the penalties of China's criminal law.
Overall.Surrogacy is illegal in this country, both legally and ethically.. Even though surrogacy is legal in the United States, if you abandon your child, you will still be subject to domestic laws. So, if you spend a lot of money on a surrogate in the United States, then you must do your duty, after all, from the point of view of blood, it is your own biological.
