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| Surrogacy in China | The New Chinese Ministry of Health regulation prohibit gestational surrogacy, and eliminates the possibility to have children for people of older ages, and couples, in which the woman has a damage uterus, or has no uterus at all.
But what was the possible reason of the Ministry of Health’s decision to issue the Regulations Concerning Human – Assisted Reproduction Technology? One of the spokesmen for the ministry noted, that the abovementioned regulations had been deliberated by eight consequent sessions of experts of various fields in order to make attempt to match human – assisted reproduction technology with the morality, social ethics and laws of China.
It was considered that the gestational surrogacy, which was enabled by human – assisted reproduction technology, embodied unavoidable social and ethical issues. From the point of view of genetics, any newborn baby belongs to those individuals, whose sperm and egg were used, and it becomes extremely difficult to get to know who would be legally the real mother of the baby, which arrived in the result of gestational surrogacy arrangements. There is no existing standard, which covers such questions, as:
• What kind of woman should be asked to become a surrogate mother?
• Does the age of the surrogate mother play important role?
• Who would be responsible, if the surrogate mother has a miscarriage, of if the baby is delivered with defects?
• What measures should be taken, in case if the surrogate mother has any complications during her pregnancy?
There was another regulation, issued on March 5th of the same year, concerning the sperm bank, which is to be associated with medical institutions. From that time sperm, which is to be used in assisted human reproduction from any other man, than the husband, is to be supplied through a sperm bank, which is approved by the Ministry of Health. The issued regulation also prohibits the sperm, eggs and embryos marketing.
It is quite reasonable that the question why China has prohibited only gestational type of surrogacy, and not any other form of “test - tube” babies? The answer is that it is gestational surrogacy, which was prohibited, because this type of surrogacy involves a lot of very complicated legal, ethical, moral, etc. problems. And, besides everything, there is also arises the question: whose baby it really is? There may happen, that the surrogate mother would not like to relinquish her parental rights, she would sue with the intended parents, and it will for sure make all parties suffer. Some women apply to the gestational surrogate mother’s services, only because they wish to have their figure not changed, or because they do not want to feel any birth pain.
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