looking at children obtained through illegal channels, Yuan Wu and the golden plum couple fall into the dilemma
Yuan Wu and Jin Mei have thought about a way to send their children to the welfare home, and they will adopt them again. However, reporters learned that they had a daughter before, and did not meet the adoption requirements.
if you want to legally have
it can't be based on
to help the surrogate institution in order to have her own children, and now the children are far away from their expectations, Yuan Wu and the golden plum couple are very angry. They decided to report to the police, hoping to crack down on surrogacy agencies. At the same time, they also asked the Chutian city newspaper for help.
with the reporter's suggestion, the couple called 110, and the Jiangxia police answered the police. After understanding the situation, the Ministry of Health issued the "artificial assisted reproductive technology management measures", the medical institutions and medical personnel must not carry out any form of surrogate technology. However, the law of underground surrogacy is not clear. Therefore, the public security department lacks the law enforcement basis for the underground surrogacy.
the police verified the identity information of surrogacy woman Shimou and chaperone Zhang, and suggested that Yuan Wu and Kim Mei should be reflected to the Jiangxia District Health Planning Commission.
the couple tell their experiences to the staff of Jiangxia District Health Planning Commission. Staff reply: China's law on how to intervene and punish violations of the act of surrogate, almost a blank, only the Ministry of health "artificial assisted reproductive technology management measures" Prohibition of surrogate behavior, but not clearly by whom to manage the law enforcement.
yesterday, in the center of the month, Yuan Wu and Kim Mei laughed their children while they weeping. The child came to the world because of their desire. His biological parents didn't even know his existence. The surrogate woman was born after he was born. Yuan Wu and Kim Mei wanted to be the parents of their children, but this sincere wish failed to find the support of the law.
reporters yesterday from Jiangxia police learned that in order to pay attention to the case, they have controlled three suspects involved in the violation of the surrogate, and extracted blood samples from Yuan Wu, golden plum and children.
the quick action of the police brought more worries to Yuan Wu and Kim Mei couple: will they take the children away?
lawyer and sociologist
yesterday, the reporter consulted Zhang Hua, the chief lawyer of Hubei Qian hang law firm, on the encounter of Yuan Wu and Jin Mei.
Zhang Hua believes that first, the agreement signed by Yuan Wu and "her" is fundamentally an invalid contract because of the violation of the basic ethics. Mr. and Mrs. Yuan Wu can sue surrogacy companies and ask for a refund of 650 thousand yuan service charge.
Second, Mr. and Mrs. Yuan Wu and surrogate woman stone by providing false documents to provide proof of the birth of the child's medical certificate, is also an illegal act, not only for the child's normal declaration of residence, but also may bear legal consequences.
based on the current situation, it may be appropriate to determine the custody of the child through litigation. But because Yuan Wu and Kim Mei couple have no physical and legal relationship with their children, their chances of acquiring custody are very small.
sociologist
Shang Zhongsheng, deputy director of the research center of urban safety and social management of Wuhan University, has made an analysis from the social ethics. Shang Zhongsheng said that in this case, there was a special consequence - the child. No matter how he came, his right to life and social rights should be respected. The advent of children has become a biological fact, and the various functional departments of government are obliged to normalize it in the sociological sense. From the present situation, the Yuan Wu and Mrs. couple are the most favorable custody and guardianship candidates for their children. They are their wishes to give birth to their children. Although the means are illegal, the social harm is different from other irregularities.
is still reborn that surrogacy agencies are the legal loopholes in the field of surrogacy. Under the premise of no law prohibition, Yuan Wu and Jin Mei's simple appeals are not tolerant of the seriousness of the law.
source: Chutian Metropolis Daily