Is it legal to buy and sell placenta?

The Placenta Sale Law does not clearly stipulate whether it is legal or not.

Legal analysis

Buying and selling human placenta does not constitute a crime. According to the laws of our country, the placenta belongs to a part of the human body and a part of personal rights when it is in the human body. When the placenta is separated from the human body, it is separated to form property rights. Naturally, the placenta should belong to the mother. According to the law, nullum crimen sine lege. But the sale of human placenta needs to be approved. No unit or individual may buy or sell placenta. Placenta abandoned or donated by pregnant women can be disposed of by medical institutions, and no unit or individual may buy or sell placentas. As a medical institution, hospitals are not authorized by China law to buy and sell placentas. If they profit from this business, it is illegal. It is also illegal for other commercial entities to participate in the sale of such contraband.

legal ground

Article 3 of the Criminal Law of People's Republic of China (PRC) clearly stipulates that it is a crime, and it is convicted and punished according to law; If the law does not clearly stipulate that it is a criminal act, it shall not be convicted and punished.