Professor Liu Wenjing of Jinan University Law School said that the octuplets incident exposed the lag of legislation. At present, the operating rules of human assisted reproductive technology are not clearly defined, especially the connection with family planning related laws and regulations.
As far as the publicly reported situation is concerned, the parties involved in carrying out multiple pregnancies through human assisted reproductive technology violated the provisions of Article 18 of the Law on Population and Family Planning (200 1 came into effect) and Article 18 of the Regulations on Population and Family Planning of Guangdong Province (formulated by 1980 and revised for the seventh time in 2008). For such illegal acts, in addition to the provisions of Article 41 of the Population and Family Planning Law and Article 53 of the Regulations of Guangdong Province on Population and Family Planning, the parties concerned shall be ordered to pay social support fees, and shall also be punished according to the provisions of Articles 40 and 42 of the Population and Family Planning Law. Liu Wenjing said that parents in the genetic sense should pay social support and accept punishment. Considering the particularity of human assisted reproductive technology (in order to ensure the success rate, many fertilized eggs are usually implanted at one time), the number of super-births should be calculated by the number of fetuses. In this case, the parents of the child were genetically pregnant with triplets, one of whom was born legally and the other two were super-born.
Dong, an expert in medical ethics and secretary-general of Guangdong Family Planning Association, said: "In today's world, only a few countries and regions such as India allow surrogacy, while most countries and regions such as Europe do not support surrogacy." . Successfully giving birth to octuplets through test tube and surrogacy will cause people with strong economic strength to follow suit?
Dong believes that the "success" of octuplets is accidental and is not worth advocating. Their "success" hides certain risks. According to China's regulations, women who legally implement human assisted reproductive technology must implement fetal reduction technology after successfully implanting multiple embryos to protect the health and safety of pregnant women and fetuses. Numerous cases show that multiple pregnancy will be more and more harmful to the health and safety of pregnant women and fetuses, which is not conducive to the health and safety of pregnant women and fetuses. The three pregnant women and eight children in this case actually took great risks to get pregnant and have children. Even if they are all healthy and safe, it is a kind of "luck" and not worth emulating.
Dong said: "In today's world, only a few countries and regions such as India allow surrogacy, but most countries and regions such as Europe do not support surrogacy, and even impose certain penalties on institutions and personnel who implement surrogacy technology. In our country, the health administrative department issued a document explicitly prohibiting the implementation of surrogacy technology. " Dong expressed concern about the healthy growth of octuplets in the future. He said, legally, this woman is the mother of eight children; But in reproductive behavior, she is only the "biological mother" of the three children she gave birth to. Can these five children get the same treatment as those three children? "If not, of course, it is very unfavorable for the healthy growth of children."
Chen believes that whether the child is conceived by the mother has no influence on the child's growth, and the key lies in the way he treats the child. "There is a little girl in our kindergarten who was adopted by a retired couple. The couple not only treat their adopted daughter as their own, but also carefully cultivate them and often exchange educational methods with teachers and experts. As a result, this girl has a sunny personality and a strong sense of security. " She said, "So I think parents' self-discipline and the way to educate their children, as well as the correct establishment of the relationship between the two sides, are more critical than the way to raise children. "Dong believes that the octuplet case is just an example of the abuse of human assisted reproductive technology." The original value trend is distorted, and the desire for pregnancy and childbirth of infertile couples is infinitely magnified. If it is not stopped, in theory, they can still find more women to be surrogates, and then get pregnant and have five or eight children, as long as they have the money to pay for babysitting, children's living expenses, and future study fees and health expenses. "
He also pointed out that the application of human assisted reproductive technology has formed a "five-corner relationship" among sperm, eggs, stomach, tickets and tubes, and each corner is a special interest subject. In the state of natural pregnancy, there is no need for test tubes, and the tickets for sperm and eggs are unified. A pregnancy behavior realizes the interests of the four parties, because the interests of the four parties are unified. However, in human assisted reproductive technology, if surrogacy is allowed, the five horns can be separated and not unified. For example, sperm is a donor, eggs are a donor, the stomach is a surrogate, and the test tube is a hospital. The only thing a legal couple has to do is pay the ticket and take care of the children. In this case, the sperm egg ticket is provided by the legal couple, but the belly and the tube represent different stakeholders respectively.