The reproductive right of single women behind frozen eggs: the security system to be improved

category:Global
 The reproductive right of single women behind frozen eggs: the security system to be improved


According to Hu Rong, director of the women and childrens Health Department of the Hubei Provincial Health and Health Commission, Article 3 of the original measures for the management of human assisted reproductive technology issued by the Ministry of health stipulates that the application of human assisted reproductive technology should conform to the national family planning policy, ethical principles and relevant laws and regulations, Changjiang Daily reported. The specification for human assisted reproductive technology stipulates that it is prohibited to implement human assisted reproductive technology for couples and single women who do not meet the national population and family planning laws and regulations.

But there are still disputes about the frozen eggs of unmarried women. Some lawyers said that it was stipulated that single women should not freeze their eggs, and that laws and regulations were lagging behind in treating womens inequality, and that they should keep pace with the opening of fertility policies.

In 2017, the official website of the former national health and Family Planning Commission responded to the suggestions on liberalizing the restrictions on the reproductive rights of single women by saying that Chinas social security system is not perfect, and the legal level restricts the implementation of assisted reproductive technology for single women, which fully embodies the protection of childrens rights and interests. In the next step, the national health and Family Planning Commission will pay close attention to the development of frozen eggs and other technologies, actively carry out feasibility studies, prudently promote clinical application, improve relevant laws and regulations, and effectively protect the legitimate rights and interests of single women.

Lawyer: single womens frozen eggs are not legal, and laws and regulations need to keep pace with the times

Bai Xiangfei, a lawyer at Shanghai hanshang law firm, told surging news that currently, frozen eggs for single women are not legal.

According to the management measures of human assisted reproductive technology, the management measures of human assisted reproductive technology, the ethical principles for the implementation of human assisted reproductive technology, and the notice on Revising the technical specifications, basic standards and ethical principles related to human assisted reproductive technology and human sperm bank formulated by the former Ministry of health, in vitro fertilization embryo transfer and its The derivative technology is mainly aimed at married people, but does not include single women.

At the same time, he also said that behind the frozen eggs for unmarried women event, there are many problems such as the change of social concept, the development of technical means and the lag of legal norms. At present, the protection of single womens reproductive rights is increasingly concerned. Although Chinas law does not deny the reproductive rights of single women, there are still deficiencies in this aspect of the relevant norms and protection, such as the above-mentioned norms related to the reproductive system were formulated earlier, which has reached a stage in urgent need of improvement.

Xing Xin, a partner and lawyer of Hunan Jinzhou law firm, told the surging news that the code of conduct for technical personnel (XIII) in the technical specifications for human assisted reproduction (2003) and the basic standards for human sperm bank in the basic standards and technical specifications for human sperm bank showed that at present, in terms of fertility preservation means, single men can freeze sperm and single women can freeze sperm Sex cant freeze eggs. Men and women are not equal.

Xing Xin believes that with the gradual opening of the current fertility policy, the phenomenon of womens late marriage and late childbearing is becoming more and more common and the technology of egg freezing is maturing. As an important way of womens fertility preservation, egg freezing should be paid more and more attention.

The law does not deny the right of single women to bear children, and the social security system is not perfect

In recent years, more and more attention has been paid to the protection of single womens reproductive rights.

According to Bai Xiangfei, the legal risks that may arise from frozen eggs of single women include how to keep eggs, how to protect personal information, how to prevent illegal persons from buying and selling eggs, etc., so a series of legal systems are needed to regulate them.

According to Bai Xiangfei, from the perspective of the protection of childrens rights and interests, the common support of parents is more thoughtful in spirit and material. At the same time, he stressed that this is not absolute, because parents may also divorce, and many single womens social status and economic strength are enough to give their children a happier life.

Li Yuan, director of the reproductive medicine center of Chaoyang Hospital in Beijing, told surging news that egg freezing is not a panacea, and there is no guarantee that as many eggs as you can get will definitely have a baby. Li Yuan said that technically, the domestic normal reproduction center can completely realize frozen eggs, and the main obstacle is that the policy does not allow it.

On August 21, 2017, the official website of the former state health and Family Planning Commission responded to the proposal of amending the population and family planning law of the peoples Republic of China. It should be noted that at present, it is still necessary to conduct in-depth research and demonstration to make specific provisions on the reproductive rights of single women through amending the population and family planning law. First, the constitution of our country stipulates that both husband and wife have the obligation to implement family planning, and there is no clear provision for the right of single women to bear children. As a subordinate law, the population and family planning law should be formulated in accordance with the relevant provisions of the Constitution and should not go beyond the scope of the constitution. Second, the legal permission of single birth right is inconsistent with the traditional value, public order and good customs of our country.

The reply also said that at present, Chinas relevant laws do not deny the reproductive rights of single women. Children born out of wedlock enjoy the same rights as children born in wedlock. No one can harm or discriminate against them.

For example, in practice, some regions have formulated relevant regulations in combination with the actual situation. For example, on September 27, 2002, the 32nd meeting of the ninth Standing Committee of the National Peoples Congress of Jilin Province passed the regulations on population and family planning of Jilin Province, which stipulates that women who have reached the legal marriage age and decide not to marry again and have no children may adopt legal medical assisted reproductive technology to have a child. It is understood that the regulation has been implemented for more than 10 years, and no single woman has applied for medical means of childbearing until now.

On the same day, the official website of the former state health and Family Planning Commission responded to the suggestions on liberalizing the restrictions on the reproductive rights of single women by saying that Chinas social security system is not perfect, and the legal level restricts the implementation of assisted reproductive technology for single women, which fully embodies the protection of childrens rights and interests. In the next step, the national health and Family Planning Commission will pay close attention to the development of frozen eggs and other technologies, actively carry out feasibility studies, prudently promote clinical application, improve relevant laws and regulations, and effectively protect the legitimate rights and interests of single women.

Source: surging news editor: Dai Wenjia, nb12498