Recently, a video of the Guangzhou surrogacy chaos investigated by the internet blogger undercover has attracted attention. According to the video, there are currently more than 400 surrogacy institutions in Guangzhou, and small institutions and self-employed households account for 90%. Among them, the top ten surrogacy institutions in Guangzhou that can win 100 orders a year belong to guangzhou.
In this regard, the relevant staff of the Guangzhou Municipal Health Commission replied to the Red Star News reporter that the matter needs to be understood before responding. Previously, the staff of the Comprehensive Supervision Office of the Guangzhou Health Commission had told the media that at present, the Cyberspace Administration of China and relevant departments have intervened in the investigation, and for surrogacy institutions, the Health Commission has a strict attitude, but it needs clues to investigate.
Previously, Red Star News reported on a surrogacy agency called Guangzhou Rainbow Baby, which was reported and showed to be cancelled. However, some institutional personnel said that many institutions have changed their company name to re-operate after deregistration, and "business is better."
Knowing that surrogacy is illegal, why do you keep banning it? Cao Xiaojing, a lawyer at Yingke Law Firm, said that the surrogacy industry is on the edge of the law compared with other industries, and the industry faces strong demand from customers, but according to the current legal provisions, it can only manage regular doctors and medical institutions, while for relevant intermediaries, there is no law enforcement basis, only normative effect.
"The low cost of breaking the law is one of the reasons why the phenomenon of surrogacy has been repeatedly prohibited." In addition, some surrogacy agencies will also separate the location of the transaction negotiation, the surrogate mother's residence, and the operating room, etc., deliberately avoiding the "minefield" of the examination, in order to avoid responsibility. What's more, they will be 'reborn in a shell'. ”
Bloggers post undercover videos
After the epidemic, the business of Guangzhou surrogacy circle is booming
On December 29, Jia Bai, the main idler of the B station UP, released a message called "Undercover Surrogacy Circle: 85w Package Boys, HIV Patients Can Also Surrogacy, Guangzhou 'Annual Output' 20,000? The video, saying that through communication with the staff of surrogacy agencies, he learned that these surrogacy institutions not only did not stop under the pressure of huge public opinion, but were proud of being targeted by public opinion, "feeling that this is a proof of their industry influence", and under the epidemic and other reasons, their business is getting better and better.
B station UP main idler Jia Bai released the "undercover surrogacy circle: 85w package boys, HIV patients can also surrogacy, Guangzhou 'annual output' 20,000? "Video screenshot
In the video, an employee who used to work for a surrogacy company in Guangzhou said that after the previous surrogacy company was exposed by the media, they cancelled it and changed the company name to re-start business, and this year's business is better. Because before the epidemic, many people in need would choose to surrogacy abroad, on the grounds that foreign surrogacy is legal and cheap. However, after the epidemic, because many customers' children were born for many months, they could not receive them, so most of these orders flocked to Guangzhou.
According to the employee, there are currently more than 400 surrogacy institutions in Guangzhou, of which small institutions and self-employed households account for 90%, "small institutions are not large, and those who can win 100 orders a year are the top ten in Guangzhou." "Roughly estimated by bloggers, assuming that the top ten in Guangzhou have 200 orders, the remaining 380 institutions have 50 orders, a total of 21,000 orders," that is to say, there are 21,000 children born in Guangzhou every year. ”
An insider told Red Star News that in November this year, a friend around him successfully placed an order through a surrogacy agency, "He was also planning to surrogate abroad, but because of the epidemic and other reasons, he had to be in China." "The insider said that when his friend contacted the surrogacy agency, the other party said when recommending eggs and surrogate mothers that the current order volume is large, and if the order is not placed as soon as possible, it may not be good," the other party also said at the time, they have completed nearly 100 orders this year. ”
For how to find these surrogacy agencies, the above-mentioned insiders said that this is easy in Guangzhou, "online and offline can be found, but many are small institutions, not very reliable." According to its introduction, in order to join some local QQ groups, WeChat groups, or groups with keywords online, you can publicly express your demands, and there will be relevant personnel to contact privately. Offline, pay attention to toilets such as universities or hospitals, "The toilet door of the cubicle is full of small advertisements for surrogacy, but these advertisements are mainly for women who can provide eggs or can give birth on behalf of others." ”
A small advertisement for egg surrogacy taken at a hospital in Hunan on November 25, 2019 According to Xinhua News Agency
On December 30, a Red Star News reporter contacted the Guangzhou Municipal Health Commission about the investigation video sent by the aforementioned blogger, and the relevant staff said that the matter needed to be understood and then responded. However, according to the boiling point video report, the staff of the Comprehensive Supervision Office of the Guangzhou Health Commission has said that at present, the Cyberspace Administration of China and relevant departments have intervened in the investigation, and for surrogacy institutions, the Health Commission has a strict attitude, but it needs clues to investigate. What the Health Commission can do is to fine or revoke the medical qualification certificates of relevant personnel, and if it is to be governed according to law, it will be counted as illegal medical practice, but this does not fall within the jurisdiction of the Health Commission.
Why is surrogacy so much forbidden?
Lawyer: The cost of breaking the law is low, and the market demand is large
By searching for keywords, Red Star News reporters found that there was relevant news as early as 2005. In recent years, the industrial chain structure behind surrogacy has been exposed by the media many times. It is understood that in April 2020, netizens publicly reported that an institution called "Rainbow Baby" in Guangzhou was suspected of a commercial surrogacy project, and after the relevant departments intervened in the investigation, the company has been written off. In addition, in the first half of this year, Guangzhou announced the first batch of typical cases of false and illegal advertisements in 2021, among which Guangzhou Baoruwan Health Management Co., Ltd. was fined 1 million yuan for publishing illegal surrogacy advertisements and its business license was revoked.
Video screenshots
Knowing that it is illegal and under the pressure of huge public opinion, why has surrogacy been repeatedly prohibited? Cao Xiaojing, director of the legal affairs department of family wealth inheritance at Yingke Law Firm, said that the surrogacy industry is on the edge of the law compared with other industries, and the industry faces strong needs from customers, "According to the current legal provisions, only regular doctors and medical institutions can be managed." For the relevant intermediaries, there is no law enforcement basis, only normative effect. Lawyer Cao Xiaojing believes that the low cost of breaking the law is one of the reasons why the phenomenon of surrogacy has been repeatedly prohibited. In addition, she said that at present, some surrogacy agencies will also separate the location of the transaction negotiation, the residence of the surrogate mother, and the operating room, etc., deliberately avoiding the "minefield" of the examination to avoid responsibility.
According to lawyer Cao Xiaojing, surrogacy generally has two forms, one is full surrogacy, the other is partial surrogacy, "complete surrogacy, also known as gestational surrogacy or host surrogacy, that is, surrogate children and surrogate mothers are not genetically related." Surrogate mothers only use their own uterus as a carrier to implant embryos for pregnancy and childbirth; some surrogacy, also known as genetic surrogacy, that is, surrogate children are genetically related to the surrogate mother. The surrogate mother provides egg cells, and the sperm can be derived from the client's husband or donor. "But either form, it is prohibited in our country.
Lawyer Cao Xiaojing
At the same time, lawyer Cao Xiaojing said that IVF does not belong to the surrogacy prohibited by China's laws, "IVF is a medical technology that takes out sperm and eggs, forms embryos in vitro, and then puts embryos back into women's bodies, targeting special groups and requiring a strict approval process." The biggest difference between the two is whether it is conceived by the mother who wants to raise the child herself. ”
It is understood that at present, there are two domestic and surrogacy-related laws and regulations, namely the "Administrative Measures for Human Assisted Reproductive Technology" issued by the former Ministry of Health in 2001 and the "Ethical Principles of Human Assisted Reproductive Technology and Human Sperm Bank" promulgated in 2003, both of which clearly stipulate that it is forbidden to buy and sell gametes, zygotes and embryos in any form; medical institutions and medical personnel are not allowed to implement any form of surrogacy technology.
"Article 22 of the Measures for the Administration of Human Assisted Reproductive Technology stipulates: If a medical institution carrying out human assisted reproductive technology violates these Measures to 'implement surrogacy technology', 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 not more than 30,000 yuan, and give the relevant responsible person an administrative punishment; if a crime is constituted, criminal responsibility shall be investigated according to law." Lawyer Cao Xiaojing said that the fine of 30,000 yuan led to the low cost of breaking the law, and some lawbreakers would disregard the law for high returns, and even "change the shell and reborn" without scruples.
At the same time, lawyer Cao Xiaojing said that in recent years, there has been controversy over whether surrogacy should be legalized. "Admittedly, there are certainly some special groups that need surrogacy. However, surrogacy does break the traditional concept of fertility and the order of fertility, bringing about a series of legal, moral, ethical and other social issues. Lawyer Cao Xiaojing said that in the process of implementing surrogacy, it is likely that there will be criminal crimes such as fraud, abandonment, abduction and trafficking of women and children, illegal medical practice, etc., and in civil matters, disputes such as visitation, custody, domestic violence, and inheritance are likely to occur, causing physical and psychological harm to innocent children. Therefore, the society and the public should have a correct understanding of surrogacy.
Red Star News reporter Luo Mengjie
Edited by Guo Yu
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