According to the report released by a reputed Research Institute, China has been seeing a rapid rising in infertility rate in last few years – jumped from 2-3% to surprisingly 15-18% a worsening condition drawing attention of doctors and healthcare department. The reason can be anyone or more from known to unknown medical issues, ageing, or anything else. The number of infertile people rose rapidly. The problem is becoming worsened because of limited regulations on the surrogacy in China – banning this arrangement that has made some medical institutions go underground.
What Chinese Administrative Measures on ART Speaks About Surrogacy in China
Chinese Administrative Measures on Human Assisted Reproductive Technology can only restrict surrogacy clinic in China. Punishments are only limited to fines or penalizing actions. Laws or departmental regulations that are governing both parties (the intended parents and surrogate) involved in the process are still absent – that has paves some successful ways. Chinese couples (who are infertile or unable to conceive naturally) may also seek surrogate services in other nations, where this practice is legal.
Surrogacy Is Banned Under Article 3 of the 2001 Measures
In the recent years, surrogacy in China has flourished with an estimate of 10,000 children birth every year – driven by high demands from society. On the other side, the legislature has intentionally chosen to refrain from prescribing rules, “How this arrangement should be managed and governed in China”,
• With the motive to arbitrating the issues and disputes related to this arrangement, Chinese Courts have come up with the solution – established the framework under which surrogate operates.
• The Court has laid down general bam on surrogacy and beginning of surrogacy clinics in China to provide any form.
• It is banned under the Article 3 of the 2001 Measures in conjunction with some general principles like Public Order and Morals.
Not to mention the handing over procedure of legal parentage – influenced by the public policy consideration and Chinese courts ruled out the enforceability of parentage transfer agreement between the parents and surrogate.
This arrangement creates further uncertainties and confusion over legal rights of parenting and custody of the child. This is because the surrogate is designated as the natural mother and the intended mother is as the social parent.
Chinese Childes Couples Are Seeking Surrogate Services in Other Nations
For wealthiest Chinese childless couples, some alternatives are available in varied nations, where it is legally allowed. Ukraine, Georgia Mexico, the UK, USA, etc are some of the nation’s allowing this arrangement done successfully. If you want to get an idea about an estimated surrogacy cost in China, you should keep in mind it depends on the selected agency in a nation, where you reach for this arrangement. You should also join counseling sessions to clear your doubts before stepping-in this process. Make a contact to a selected agency where experts are working and providing you with complete peace of mind.
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