The reason for this is because since the 1980s, China's sex ratio at birth has been on the high side for more than 30 years. After years of efforts, the momentum of the continuing rise in the sex ratio at birth has been initially curbed, but in 2015 it was still as high as 113.51. The sex ratio at birth is an important measure of whether the population of the two sexes is balanced. Internationally, it is generally expressed as the number of males born for every 100 females born. The fertility history of the vast majority of countries indicates that, without artificial control, the sex ratio of newborns should be between 102 and 107, which is determined by the biological characteristics of the human reproductive process. Any artificial control and alteration of this value can cause serious harm to the gender structure of the population.
The newly revised Regulations clarify the management system of non-medical fetal sex identification and sex-selective artificial termination of pregnancy. Prohibit the "two illegal" behavior, at the same time, according to the "Maternal and Child Health Law", combined with the actual work, to meet the legal conditions of birth to implement the gender-selective artificial termination of pregnancy situation has been stipulated: i.e., in accordance with the legal conditions of birth, except for the fetus suffering from serious hereditary diseases; the fetus has serious defects; due to serious diseases, the continuation of pregnancy may endanger the life and safety of pregnant women or seriously jeopardize the health of the pregnant woman. That is, in addition to the legal birth conditions, except for the fetus suffering from serious genetic diseases; the fetus has serious defects; due to serious diseases, the continuation of pregnancy may endanger the life of the pregnant woman or seriously jeopardize the health of the pregnant woman; laws and regulations, or the medical opinion that there is a genuine need to terminate the pregnancy of the other circumstances, shall not be carried out to choose the sex of artificial pregnancy termination. The new regulations also propose the establishment of a management system for termination of pregnancy drugs and medical devices such as ultrasound diagnostic instruments and special equipment for chromosome testing. Catalog management of termination of pregnancy drugs, the establishment of termination of pregnancy drug sales, procurement, use of registration system, prohibit drug retailers from selling termination of pregnancy drugs.
Legal basis:
Provisions on Prohibition of Fetal Sex Determination for Non-Medical Needs and Artificial Termination of Pregnancy by Sex Selection
Article 2: Fetal sex determination for non-medical needs and artificial termination of pregnancy by sex selection refers to all cases of artificial termination of pregnancy except for those in which medical diagnosis of the fetus as a possible cause of a companion hereditary disease has been confirmed, etc., which require fetal sex determination and artificial termination of pregnancy by sex selection. sex-selective artificial termination of pregnancy, except for the medical diagnosis that the fetus may be a companion hereditary disease, etc., which requires fetal sex identification and sex-selective artificial termination of pregnancy.
Article 3 prohibits any unit or individual from carrying out non-medically necessary fetal sex identification and sex-selective artificial termination of pregnancy. It is prohibited for any unit or individual to introduce or organize pregnant women to carry out non-medically necessary fetal sex identification and sex-selective artificial termination of pregnancy.
Article 4 The administrative departments of health and family planning and food and drug administration at all levels shall establish a collaborative mechanism for investigating and dealing with violations of non-medically necessary fetal sex identification and sex-selective artificial termination of pregnancy and a mechanism for joint law enforcement, and *** with the implementation of supervision and management.
The administrative departments of health and family planning and the food and drug regulatory departments shall, in accordance with their respective responsibilities, formulate a management system for the identification of the sex of the fetus, the artificial termination of pregnancy, as well as the related medicines and medical devices.
Article 6 The administration for industry and commerce at or above the county level (including the market supervision and management departments performing the duties of administration for industry and commerce, hereinafter referred to as the same) shall supervise the advertisements containing the contents of fetal gender identification and artificial termination of pregnancy and investigate and deal with violations of the law in accordance with the law.
Article 7 The food and drug administration departments shall, in accordance with the law, supervise the quality of products in the production, sale and use of medicines and medical devices such as ultrasound diagnostic instruments and special equipment for chromosome testing, which are related to the identification of the sex of the fetus and artificial termination of pregnancy, and shall investigate and deal with violations of law in accordance with the law.
Article 8 The prohibition of non-medically necessary fetal sex identification and sex-selective artificial termination of pregnancy shall be incorporated into the family planning target management responsibility system.
Article 9: In compliance with the legal conditions for childbirth, gender-selective artificial termination of pregnancy shall not be carried out except under the following circumstances:
(1) when the fetus suffers from serious hereditary diseases;
(2) when the fetus has serious defects;
(3) when the continuation of the pregnancy may jeopardize the life and safety of the pregnant woman, or may seriously endanger the health of the pregnant woman due to the occurrence of a serious disease;
(4) when it is prescribed by laws and regulations that the pregnancy shall be carried out in accordance with the law and shall be investigated in accordance with the relevant violations. p>(4) other circumstances stipulated by laws and regulations or medically deemed necessary to terminate the pregnancy.
Article 11 Medical and health institutions shall set up conspicuous signs in the workplace prohibiting non-medically necessary fetal sex identification and sex-selective artificial termination of pregnancy; medical personnel shall strictly abide by the relevant laws and regulations and ultrasound diagnosis, chromosome testing, artificial termination of pregnancy surgery management and other related systems.
Article 18 Violation of the provisions of the use of relevant technology for others to implement non-medical needs of fetal sex identification or artificial termination of pregnancy by selecting gender, by the county-level or above the administrative department of health and family planning in accordance with the "Chinese People's Republic of China *** and the State Population and Family Planning Act" and other relevant laws and regulations; to the main person in charge of medical and health institutions, directly responsible for the supervisory personnel and personnel directly responsible for the. shall be punished in accordance with the law.
Article 19 If a medical and health institution or a person who has not obtained a technical license for maternal and child health care engages in termination of pregnancy without authorization, or if a person who engages in maternal and child health care technical services issues a false medical diagnosis or certificate of medical necessity related to the artificial termination of pregnancy, the administrative department of health and family planning at or above the county level shall deal with the case in accordance with the relevant provisions of the "Chinese People's **** and the State's Maternal and Infant Health Care Act" and its implementing measures; and the medical and health institution shall be punished according to the laws and regulations concerned. Provisions to deal with; the main person in charge of the medical and health institutions, directly responsible supervisors and directly responsible personnel, shall be given sanctions in accordance with the law.
Article 20 If an organization approved to perform artificial pregnancy termination surgery fails to establish a true and complete record of the purchase of pregnancy termination drugs, or fails to establish a complete medication file for the users of pregnancy termination drugs in accordance with the provisions of the law, it shall be ordered to make corrections by the administrative departments of health planning and family planning at or above the county level; if it refuses to make corrections, it shall be given a warning, and may be imposed a fine of not less than RMB 10,000 yuan and not more than RMB 30,000 yuan; and the main person in charge of, or directly in charge of, the healthcare institution shall be punished according to law. person in charge, the supervisors directly responsible and directly responsible personnel, shall be dealt with according to law.
Article 23 Where a pregnant woman is introduced to, or organized to carry out, non-medically necessary identification of the sex of the foetus or artificial termination of pregnancy by sex selection, the administrative department of health planning and family planning at or above the county level shall order rectification and give a warning; if the circumstances are serious, the illegal income shall be confiscated and a fine of 5,000 yuan or more than 30,000 yuan shall be imposed.
Article 24 encourages any unit or individual to report violations of these provisions. Reported content is verified as true, should be based on the relevant provisions of the corresponding reward to the informer.