What Are the Legal Rights of Surrogate Mothers?

Surrogate mother refers to a woman who is commissioned by others to have children for others through artificial insemination or in vitro fertilization. There is also a new generation of medical movies of the same name.

Surrogate mother

(Chinese words)

Surrogate mother

Surrogacy mothers are women who have children for others through in vitro fertilization. Surrogacy mothers are not related to the fetus. Before surrogacy, the man needs to rest as much as possible, and stop the use of Plastide one month in advance. On the premise that the woman completely loses her fertility, combine her egg (or surrogate mother's egg) with her husband's (surrogacy demand side) sperm to fertilize. Eggs, the act of completing the entire incubation process and producing successfully in the womb of a surrogate mother, which is divided into in vitro fertilization (

The surrogacy process is divided into two types: fresh embryo and frozen embryo according to the state of the embryo.

1. Artificial insemination:

Artificial fertilization surrogacy refers to sending the demand-side sperm into the body of surrogacy volunteers through medical aids, fertilizing in the body, and completing the entire pregnancy process. Children in this way have the same concept as surrogates.

The success rate of surrogacy depends on many factors, such as the age of the patient, the conditions of the uterus and ovaries, and whether there are other diseases, laboratory conditions, and the level of technicians. The most influential factor is the age of the woman, because age means the corresponding level of

1. Sperm and eggs come from the uterus of the surrogate mother and wife borrowed by both spouses;

2. The sperm comes from her husband, and the eggs are provided by a third-party egg donor volunteer.

3. Sperm and eggs are provided by a third-party volunteer. The in vitro fertilization method (artificial insemination or IVF) is used by the surrogate pregnant mother to give birth;

Fourth, sperm are provided by a third-party volunteer, eggs are provided by a wife, and a surrogate mother is used to give birth.

Surrogacy has changed the traditional way of childbearing, and has challenged both the traditional conception of birth and the law. Legislative regulations should be implemented for surrogacy agreements and surrogacy to protect the legitimate rights and interests of surrogate mothers, surrogates and related parties. Surrogacy is the replacement of other people's pregnancy, which means that the woman accepts the commission of another person and uses the method of artificial reproduction to give birth to the child. In this behavior, women who give birth to others are often referred to as surrogate mothers, who entrust others to have children. Called the client or the parent. Couples who are unable or unwilling to have children can use this method to have children. Surrogacy can be divided into three types: one is that sperm and eggs are from both husband and wife, and only the uterus of the surrogate is borrowed; the second is that the sperm is from the husband, and the eggs are provided by the surrogate.

Surrogacy refers to the implantation of fertilized embryos of a patient's couple into another woman's uterus, and the woman completes the process of "conceiving in October with one pregnancy", commonly known as "surrogacy." Surrogacy has changed the traditional way of childbearing, and has challenged both the traditional conception of birth and the law. Liu Yanfei, director of the Department of Science and Technology of the Ministry of Health, said: The implementation of "surrogacy" technology has serious social hazards, involving a series of social, moral, and legal issues, and runs counter to existing laws, regulations, ethics, and social morals. China explicitly prohibits any form of surrogacy technology. The health administration will seriously investigate and punish any medical institution and medical staff who illegally implement surrogacy technology. The above is the clear attitude of the Ministry of Health, and the medical community and the social ethics and law circles have been discussing where the surrogacy technology will go next. The reason for this discussion is that the technology has certain social and medical needs from some perspectives. Many women are unable to have children because of uterine factors, and these people may only fulfill their wishes through surrogacy technology. However, the special nature of surrogacy technology makes this technology bring huge hidden dangers to the society and the patient's family, which is contrary to our ethics and moral standards. Moreover, the law does not allow the implementation of surrogacy technology. Disputes will have no legal support and are destined to be without protection.

The necessary conditions for surrogate mothers are first, demand, and second, supply. Obviously, the cost of surrogacy is not low. Although the money was only 100,000 to 200,000 yuan in the hands of surrogate mothers, some even said that the profit was higher than that of drugs. Infertile couples choose surrogacy, which is certainly because they cannot enjoy the joy of natural pregnancy. Reproduction was originally a biological natural phenomenon. Infertile couples also had the right to conceive, and surrogacy mothers became the result of social and cultural awareness. According to a survey report, 2/3 of surrogate mothers completely disregard the trusting parents, and only 1/3 are sisters or friends of the client. In other words, without a surrogate mother, these couples would never have children who inherit their DNA.

Abroad, many people consider surrogacy to be a kind act to help families who are unable to have children. Under domestic ideology, many people are not concerned about the love component of surrogacy.

Is a surrogate mother just for money? Not necessarily, and from the author's point of view, few of these people are willing to surrogate for purely material reasons. Surrogacy mothers may be paid for raising their own and their legitimate husband's children. Some people have surrogacy because of family difficulties and need to support the elderly .. etc. Even if their surrogate child is not in love with the unborn child, then they are willing to carry such a great pressure of surrogacy, it is out of love itself.

Maternal love is priceless, surrogate mothers have price

Surrogacy is business? Is the child a commodity? The womb is the machine that makes goods? Helpless for infertile couples? The sadness of a surrogate mother? Money and transactions, ethics and law, medicine and ethics, all these issues are entangled and can not resist the lure of profit. Even surrogate mothers have suffered with good intentions and have a child who is not related to them. Intermediaries still use surrogate mothers as a tool, and the medical treatment, food and accommodation they give are based on "business" considerations. Regarding the emotions of surrogate mothers, the rights of surrogate mothers after the birth of the child are not taken care of at all. The simplest way is "one size fits all": surrogacy mothers give up all their rights to the child, cannot recognize each other, cannot contact, and cannot meet.

Legal rights of surrogate mothers

The rights of surrogate mothers cannot be guaranteed at all. The reason is simple. Surrogacy-related laws are not perfect in the country. Surrogacy is a behavior that moves on the edge of the law. Such behavior is not supported by law, and naturally has no rights at all. Although two or three parties will sign such a contract before surrogacy, because such a contract is not necessarily completely legal, and not every contract will be protected by law. In the process of surrogacy, the baby can be delivered smoothly and the rewards are taken away. The situation is quite good. If there are various problems during surrogacy, such as gestational diabetes, or even dystocia, etc., many surrogacy mothers simply have nowhere to go.

The surrogate mother became pregnant and immediately upgraded to the family's key protection target. It is very necessary for the surrogate mother to understand the relevant precautions in the early pregnancy, so as to ensure the health of the unborn fetus and give birth to a cute and healthy baby in the future.

1.Be careful of abnormal abdominal pain in early pregnancy

Abdominal pain during pregnancy is a very common phenomenon for a number of reasons, some are normal during pregnancy, and some represent a serious illness. The most common cause of abdominal pain in early pregnancy is caused by the enlargement of the uterus after pregnancy and the involvement of uterine ligaments. Usually the pain is not severe and may cause some discomfort, but it will not affect daily life. The location of the pain is not fixed, and it will usually be in the left or right lower abdomen. The pain lasts for a short time.

After examination by the doctor, it is determined that there are no other abnormalities. This kind of abdominal pain usually does not require special treatment, but if the pain is more serious, you can ask the doctor to give painkillers or further diagnosis and treatment to determine whether there is an abortion, ectopic pregnancy, ovarian tumors. And other issues.

2. Avoid entering and leaving high-temperature places during early pregnancy

In the early stages of pregnancy, you should avoid being in a closed high temperature place for a long time. For mothers, if they are not in the high temperature state for a long time and cannot dissipate heat, it may cause fetal malformations. This is because the fetus has not yet formed in the early pregnancy, and the embryo is still unstable in the uterine wall. If the pregnant woman raises the temperature in the body above 38.9 ° C, it will cause chromosome breakage in the embryo or defects in the fetal brain nervous system (such as anencephaly).

Sustained high temperature of the surrogate mother's body will cause the body's blood vessels to dilate, and a large amount of blood will flow to the surface of the skin, increasing the load on the heart, which may lead to heart attacks in pregnant women with heart disease; and the blood flow to the uterus and placenta will also decrease, which will make the nutrient supply to the embryo Sharply reduced. Therefore, pregnant women should not wash the "three warmths"; even if you want to take a hot bath at home, remember that the water temperature should be lower than 38 ° C, control the time within 15 minutes, and maintain ventilation to facilitate heat dissipation. In addition, if you have a fever, you should seek medical treatment immediately.

3.Drowsiness in early pregnancy

In the early stages of pregnancy, surrogate mothers often feel distressed and want to sleep at every turn. In fact, there is no need to worry too much. Sleepiness is a normal physiological phenomenon. Physicians point out that increased basal metabolism in pregnant women, changes in the maternal secretion system during pregnancy, rapid body heat consumption, and insufficient blood sugar are all causes of drowsiness. At the beginning of pregnancy, the psychological level of anxiety and expectation has a greater impact than the physiological level, which can also lead to fatigue and drowsiness.

4, the performance of surrogate mothers lack of milk

1) The baby's mental condition: After eating the milk, the baby is particularly happy. He wants to play for a while, which is also a sign that he is full.

2) The baby should be able to sleep for two to three hours after being fed, or to eat the next two to three hours. This is normal. If you have just eaten milk, and after an hour or even half an hour, you have to eat it immediately, there may be insufficient milk.

3) The most critical indicator is the weight gain of the baby. When the baby is full, if the weight is at least 600 grams higher than at birth, it means that milk is sufficient.

4) Baby's poop situation The baby urinates at least six times a day and pooping three to four times a day. You can also look at the baby's stool, which is usually mushy under normal circumstances, and if it is very thin and has green foam, it may also indicate that there is not enough milk.

Baby smart and mother relationship

What factors depend on your baby's intelligence level? The study found that there are three main factors:

1. From a genetic perspective, the key to a child's intelligence lies in the mother.

Research by British scientists believes that the genes that determine the child's intelligent development are located on the X chromosome, the genes on the mother's X chromosome determine the development of the child's cerebral cortex, and the father's genes are more important for shaping the emotions and personality types of offspring. influences.

Therefore, the traditionally respected marriage model of "Langcai Nuo" is actually not scientific. If you want your next generation to be smarter, wise men should pay more attention to women's intelligence than women's looks when choosing a surrogate mother. You must know that a wise lady can make you have children with high IQ.

2. The cultural quality of mothers is closely related to eugenics.

Expert research analysis shows that the risk factors of fetal birth defects are closely related to the cultural quality of surrogate mothers. The higher the mother's education level, the less likely she is to have a fetal defect.

Investigating the reasons, women with low educational level can bring about the following impacts on fertility: Early marriage and early childbearing, and close relatives are more common among women with lower educational level. Early marriage and early childbirth, coupled with a low level of education, such surrogate mothers have lower physical and mental maturity in all aspects, lower attention to children before and after birth, and lower parenting abilities, which are more likely to cause birth defects in the child's body or intelligence. In addition, genetic studies have already confirmed that pro-parents will increase the incidence of genetic diseases, causing deformity freaks and harming offspring. Close relatives have a high mortality rate after marriage, and their physical strength and intelligence are relatively poor.

3. The family environment affects the intellectual development of young children. Chinese child care experts have been exploring the impact of family environment on the intelligent development of infants and children for several years. The results show that: in terms of language, the overall environmental score and IQ are high, and most mothers have higher cultural attainments. Not only do they require learning by themselves, they also value the education of the child, pay attention to the child's growth, willing to spend time telling stories to the child, and patiently answer the questions raised by the child.

Birth of a surrogate baby

Often people have a sense of meaning

Surrogacy is controversial, and citizens should use it with caution. Peng Bo, Ph.D. of Shenzhen University Law School, said that surrogacy itself is also a very controversial issue in the legal field. As of 2015, only a few countries have legislation to allow surrogacy.

Bloomberg said that in the legal sense, there is currently no legislation in the country that allows surrogacy. The identity and obligations of surrogates are not legally clear, and the ownership of future children is also a question. Who was born? It's a question of who's the egg or who's the egg. It is very likely that a child's birth certificate will not be obtained, which is detrimental to the future growth of the child. In terms of morality, the conventional public order and good customs concepts such as traditional marriage and childbearing have been challenged. In addition, surrogacy also has an impact on the existing family planning policy. Many children who have had children, in order to have a boy or another child, do not hesitate to achieve through surrogacy.

Bloomberg believes that surrogacy is essentially the transfer of surrogacy rights of surrogates, which involves basic human rights. Social issues such as cohabitation with surrogacy, baby trading, and deception of money should be given more attention and legal reasoning. Surrogacy should be illegal. When the current law is unclear, the public is advised to take care not to use this method lightly.

Medical institutions prohibit surrogacy, and the Ministry of Health organizes experts to review and declare the plans for the development of human assisted reproductive technology and human health in accordance with the relevant provisions of the Administrative Measures for the Management of Human Assisted Reproductive Technology and the Administrative Measures for the Management of Human Sperm Banks. The establishment of the human sperm bank was reviewed. After on-site review by experts, as of June 30, 2007, the Ministry of Health has approved and approved 95 institutions to develop assisted human reproduction technology, and 10 institutions have set up human sperm banks. But worth it

The client pays a deposit of 1,000 yuan, and then the client and the female volunteer (surrogate mother) meet and negotiate. The client and the volunteer sign a contract, and the volunteer and the website sign another contract. If there is a conflict between the client and the volunteer, the website The intermediary is responsible for reconciliation. If the discussion is not correct, the website intermediary is responsible for the 3000 yuan compensation for the surrogate mother.

"I can't make up for my crime." Liu Min, a 29-year-old (pseudonym), is an underground surrogate mother. Since 2011, she has undergone multiple surrogacy operations through different underground surrogacy companies in Wuhan, and can have an abortion shortly after each pregnancy. In June 2013, she successfully got pregnant again, but unfortunately died 6 months later. The doctor told her that the chances of her becoming pregnant in the future are very small, and even if she is pregnant, her life may be in danger ^[1]

On February 21, 2017, CCTV reported the news of surrogacy in Wuhan, Hubei, with the title: "CCTV secretly interviewed surrogacy mothers in Wuhan: relying on the body to make money without success will be a joke" ^[2]