Surrogacy business behind the Zheng Shuang incident: 650000 packages are claimed to be successful, but if not, a full refund will be given

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Original title: Surrogacy business behind Zheng Shuang incident: claimed 650000 packages were successful, unsuccessful, full refund
Luo Yidan, shell finance reporter of Beijing News
Recently, Zheng Shuang and her ex boyfriend Zhang Heng are suspected of having a surrogate child in the United States, which has brought the surrogacy industry into the public view again.
“In China, surrogacy is explicitly prohibited by law.” On January 19, Zhao Hu, partner of Beijing Zhongwen law firm, told shell finance reporter that China’s “measures for the administration of human assisted reproductive technology” clearly stipulates that medical institutions and medical personnel shall not implement any form of surrogacy technology.
But the huge benefits make this “business” grow underground. Beijing News shell finance reporter contacted a surrogacy agency in Guangdong on January 19. The other side said that the total price of a surrogacy is 650000 yuan. “We need both husband and wife to provide sperm and eggs. We have our own channels for surrogacy mothers. We can rest assured that if we fail, we will get a full refund.”
“In accordance with China’s law, those who implement surrogacy technology will not only be punished by the administration, but also be investigated for criminal responsibility if they constitute a crime,” Zhao Hu told shell finance reporter of Beijing News However, Zhao Hu said, “although surrogacy is prohibited in China, the law protects the children born by surrogacy. That is to say, the children born by surrogacy are protected by Chinese law when they return to China and enjoy various rights stipulated by law.”
Surrogacy “business”:
Domestic and foreign prices vary, the lowest 650000 “package success”, must be the boy to add money
“Congratulations on the successful pregnancy test of the two groups of families, hard volunteers!” “Mr. h of Shanghai chooses 0 risk package and is happy to have your son!” Open Xie Juan’s circle of friends, full of pregnancy success or birth success news.
Xie Juan is engaged in the “business” of surrogacy. “The surrogacy process is mainly divided into eight steps, namely, signing a contract, entering a cycle, taking eggs, transplanting, three months, five months, seven months of fetal implantation, and healthy handover of infants.” Xie Juan told the reporter, “we use the third generation test tube technology, which can be self fertilized, or we can arrange the channel for” volunteers “to conceive.”
In the surrogacy business, as long as the fertilized egg is successfully transplanted to the surrogate mother, the parents in genetics just have to wait for the baby to be born. Recently, in the Zheng Shuang incident, which is the focus of public opinion, Zhang Heng exposed that Zheng Shuang is indifferent to the child and even “abandons it”. In this regard, Xie Juan said that if the surrogacy is confirmed, the husband and wife need to take sperm and eggs, and then “there is nothing wrong with the parents”. They just need to pay on time before each step. “When signing the contract, they need to pay a deposit of 20000 yuan. When the baby is born, they will pay all the expenses. The lowest price is 650000 yuan. If they want a boy, they will have to pay extra money.”
Compared with domestic institutions, foreign surrogacy system is more “perfect”. In a foreign agency’s surrogacy agreement obtained by shell finance reporter, it is stipulated that surrogate mothers will not bear the rights or obligations of birth parents from pregnancy to childbirth, and will give their children to the couple who signed the agreement. In addition, the agreement also clearly stipulates the restrictions of surrogate mothers during the surrogacy period, such as not participating in dangerous sports activities, not having sexual relations with people other than their husbands, being able to have video chat at any time, etc.
In fact, in many areas, such as California, Nevada, Washington and so on, surrogacy is not only legal, but also has clear laws and surrogacy agreements. Shell financial reporter learned that some states in the United States have promulgated the unified parent child relationship Act (uPA), which provides guidance for surrogacy agreements and protects surrogate mothers and parents of children. The act sets out the basic requirements of surrogacy agreements and addresses some special circumstances, such as termination procedures and remedies for breach of contract.
Because of this, going abroad to have children has become the choice of some high-income families. China’s mother named Ye Ying covid-19 took the risk of a new crown in Losangeles last April, according to Phoenix Satellite TV. For this surrogacy, she spent 127000 US dollars (the agency estimated that she would withdraw 30000 US dollars, after deducting the medical expenses, the surrogate mother would earn more than 50000 US dollars), and this expense did not include the cost of making her own test tube baby (in the United States, the cost of test tube baby is 15000-30000 US dollars). According to this calculation, the cost of surrogacy in the United States is close to 1 million yuan.
Surrogacy institutions in China are in a gray area. According to the information provided by Xie Juan, the reporter of Beijing News shell finance found that the other party’s organization is a “reproductive medicine research center”, and its business scope includes “life consulting service for mother and child, postpartum body repair consulting service, women’s health conditioning” and so on.
Xie Juan said, “we have more single parent families as surrogacy clients. In addition, many clients are gay families who want to raise their children.” As for the illegal issues raised by the reporter, she said, “there are no clear legal provisions on surrogacy in China, but I think whether it is legal or not is not the key, and there will also be problems with legality. For example, some clients have paid 20000 US dollars and waited in line for two years, but they have not been listed, and many of them have been cheated by foreign hospitals, resulting in the” shortage of both human and financial resources “. Therefore, the key is whether surrogacy companies rely on reliable means. Compared with the high cost abroad, domestic surrogacy is a better choice. ”
Lawyer: surrogacy is clearly prohibited by domestic law
But the surrogate children are protected by law
“In China, surrogacy is explicitly prohibited by law.” Zhao Hu, partner of Beijing Zhongwen law firm, told Beijing News shell finance reporter.
At present, commercial surrogacy is in a legal forbidden zone in China. In 2001, the former Ministry of Health issued the measures for the administration of human assisted reproductive technology, which clearly stipulated that surrogacy can only be implemented in medical institutions approved by the administrative department of health, and can only be used for medical purposes. It is illegal to trade gametes, zygotes and embryos in any form. At the same time, medical institutions and medical personnel are not allowed to implement any form of surrogacy technology. On September 5, 2017, the national health and Family Planning Commission and other 12 departments jointly formulated the “notice on establishing a long-term working mechanism for investigating and punishing illegal application of human assisted reproductive technology”, which severely cracked down on illegal sperm collection, illegal egg collection and “surrogacy” and other illegal behaviors.

On December 27, 2015, a more stringent draft of laws and regulations was issued. Article 35 of the amendment to the population and family planning law of the people’s Republic of China (Draft) stipulates that “the sale of sperm, eggs, fertilized eggs and embryos is prohibited, and surrogacy in any form is prohibited”. However, the clause was eventually deleted. Some people think that this is due to the total prohibition of surrogacy at the national level, which deprives infertile couples and those who have lost their only child of the right to obtain their children.
Although it is prohibited by law and questioned by public opinion, surrogacy has quietly become an “underground industry” with “broad market” in China. “There are many clients who have a very tortuous way to seek their children. For example, there are those who failed to make test tubes three times in Thailand, and some who had children but died in an accident or could not take care of themselves. At this time, only surrogacy can meet their requirements.” Xie said.
It is understood that many cases of surrogacy are unable to conceive naturally, so they will choose assisted reproduction or surrogacy. However, if the surrogacy market is liberalized, there may be people who choose surrogacy just because they don’t want to damage their figure, are too busy with work, or are unwilling to bear the pain of pregnancy and childbirth, which will undermine the original intention of legalizing surrogacy and raise the price of surrogacy. Shell financial reporters found that this situation has appeared in the United States, and even in India, there are women’s groups specialized in “renting uterus” for surrogacy.
Zhao Hu said that according to China’s law, the implementation of surrogacy technology will not only be subject to administrative punishment, but also constitute a crime, criminal responsibility will be investigated according to law.
“It should be noted that although surrogacy is prohibited in China, the law protects the children born by surrogacy, that is to say, the children born by surrogacy are protected by Chinese law when they return to China and enjoy various rights stipulated by law.” Zhao Hu told shell financial reporter.
In Zhao Hu’s view, surrogacy may cause all kinds of disputes. At present, the domestic law is not perfect and there is no specific provision. For example, the law does not specify who is the mother of a surrogate child. Judging from the current judicial precedent, it is still inclined to protect blood relationship. “Take the case of Zheng Shuang as an example. If this is true, the child will be protected according to Chinese law when he comes back to China. If he is Zheng Shuang’s by blood, he should bear the obligation of educating and raising the child according to law no matter whether he wants to or not.”