Difference between revisions of "China"

From BioPolicyWiki
Jump to: navigation, search
Line 3: Line 3:
 
|image_flag=China-flag.gif
 
|image_flag=China-flag.gif
 
|Region=Asia
 
|Region=Asia
|Population=1,321,851,888
+
|Population=1321851888
|GDP=3,250,827
+
|GDP=3250827
 
|Eggs for assisted reproduction=commercial prohibited
 
|Eggs for assisted reproduction=commercial prohibited
 
|Eggs for research=commercial prohibited
 
|Eggs for research=commercial prohibited
Line 11: Line 11:
 
|Reproductive cloning=PROHIBITED
 
|Reproductive cloning=PROHIBITED
 
|Research cloning=regulated
 
|Research cloning=regulated
|Sex selection=social uses prohibited
+
|Sex selection=?
 
|Surrogacy=PROHIBITED
 
|Surrogacy=PROHIBITED
 +
|European Union=
 +
|Organisation for Economic Co-operation and Development=
 +
|Council of Europe=
 +
|1997 COE Biomedicine Convention=
 +
|1998 COE Cloning Convention=
 
|2005 UN Cloning Vote=no
 
|2005 UN Cloning Vote=no
 
|2005 UNESCO Sports Doping Convention=RATIFIED
 
|2005 UNESCO Sports Doping Convention=RATIFIED
 
|Treaty of Lisbon=n/a
 
|Treaty of Lisbon=n/a
 +
|Introduction=
 
|Key laws and policies=* [http://www.chinaphs.org/bioethics/regulations_&_laws.htm Ethical Guidelines on Human Embryonic Stem Cell] (January 2004)
 
|Key laws and policies=* [http://www.chinaphs.org/bioethics/regulations_&_laws.htm Ethical Guidelines on Human Embryonic Stem Cell] (January 2004)
* Measures on the Regulation of Human Supplemental Reproduction Technologies, Ministry of Health Order No. 14 (2001)
+
* Administrative Measures for Assisted Human Reproductive Technology, Order of the Ministry of Public Health of the People’s Republic of China, No 14 of 2001
* Human Reproductive Technology Ordinance, Section 15 (June 2000)
+
* Ethical Principles of Assisted Human Reproductive Technology and Human Sperm Bank, Order of the Ministry of Public Health of the People’s Republic of China, No 176 of 2003
|Prohibited practices=Reproductive cloning is prohibited by the Ethical Guidelines on Human Embryonic Stem Cell and the Regulation on Human Assisted Reproductive Technologies.<ref name="gppc">Genetics and Public Policy Center, "[http://www.dnapolicy.org/policy.international.php?action=detail&laws_id=23 Human Reproductive Technology Ordinance (China)]"</ref>
+
  
Research cloning is specifically allowed.<ref name=cd>Jia Hepend, "[http://www.chinadaily.com.cn/english/doc/2005-03/31/content_429816.htm China supports therapeutic cloning]," ''China Daily'', March 31, 2005</ref>
 
  
Sex selection is prohibited<ref name="gppc2">Genetics and Public Policy Center, "[http://www.dnapolicy.org/policy.international.php?action=detail&laws_id=19 Reproductive Genetic Testing (China)]"</ref>  but a wide imbalance in the sex ratio at birth, especially in certain affluent provinces, demonstrates that it occurs.<ref name=bmj>Ted Plafker, "[http://bmj.bmjjournals.com/cgi/content/full/324/7348/1233/a Sex selection in China sees 117 boys born for every 100 girls]," ''BMJ'' 2002;324:1233 (25 May)</ref> Wealthy Chinese are reported to travel to the US and elsewhere to evade restrictions on the use of PGD.<ref name=ap>"[http://www.chinadaily.com.cn/china/2006-06/15/content_617607.htm Wealthy go to US to choose baby's sex]," AP, June 15, 2006</ref>
+
|Foundational values=
 +
|Prohibited practices=REPRODUCTIVE CLONING
 +
*Reproductive cloning is prohibited by the Ethical Guidelines on Human Embryonic Stem Cell and the Regulation on Human Assisted Reproductive Technologies.<ref name="gppc">Genetics and Public Policy Center, "[http://www.dnapolicy.org/policy.international.php?action=detail&laws_id=23 Human Reproductive Technology Ordinance (China)]"</ref>  
  
Surrogacy is prohibited.<ref name="cook">Rachel Cook, Shelley Day Sclater, and Felicity Kaganas, ''[http://books.google.com/books?id=FOyyRd9IM74C&pg=PA2&lpg=PA2&dq=china+surrogacy+law+OR+policy&source=web&ots=vNCibMRGt2&sig=bD5ZlVsF7HindsRctDSH9LA1ZZQ&hl=en Surrogate Motherhood: International Perspectives]'', Hart Publishing (2003) p. 2</ref> However, some surrogacy - including commercial surrogacy - occurs.<ref name=points>Kari Points, "Strategies for Protecting the Health and Human Rights of Surrogates in India:  A Multicountry Legislative Analysis," Master's Thesis, The Sanford Institute of Public Policy , Duke University (2009)</ref><ref name=Pomfret>James Pomfret, "[http://www.geneticsandsociety.org/article.php?id=4660 Forced abortions shake up China wombs-for-rent industry], Reuters (April 30th, 2009)</ref>
+
RESEARCH CLONING
 +
*Research cloning is specifically allowed.<ref name=cd>Jia Hepend, "[http://www.chinadaily.com.cn/english/doc/2005-03/31/content_429816.htm China supports therapeutic cloning]," ''China Daily'', March 31, 2005</ref>
  
There is a general prohibition against the sale of gametes, including eggs.<ref name="gppc2" /><ref name=asrm>American Society for Reproductive Medicine, "[http://www.fertstert.org/issues/contents?issue_key=S0015-0282(07)X0176-6 IFFS Surveillance 07]," ''Fertility and Sterility'' (Vol. 87. No. 4, Suppl. 1, April 2007)</ref>  
+
SEX SELECTION
 +
*Sex selection is prohibited<ref name="gppc2">Genetics and Public Policy Center, "[http://www.dnapolicy.org/policy.international.php?action=detail&laws_id=19 Reproductive Genetic Testing (China)]"</ref> but a wide imbalance in the sex ratio at birth, especially in certain affluent provinces, demonstrates that it occurs.<ref name=bmj>Ted Plafker, "[http://bmj.bmjjournals.com/cgi/content/full/324/7348/1233/a Sex selection in China sees 117 boys born for every 100 girls]," ''BMJ'' 2002;324:1233 (25 May)</ref> Wealthy Chinese are reported to travel to the US and elsewhere to evade restrictions on the use of PGD.<ref name=ap>"[http://www.chinadaily.com.cn/china/2006-06/15/content_617607.htm Wealthy go to US to choose baby's sex]," AP, June 15, 2006</ref>
 +
 
 +
SURROGACY
 +
*In August 2001, the Ministry of Public Health of the People’s Republic of China issued  the ‘Administrative Measures for Assisted Human Reproductive Technology’, which prohibits medical institutions and medical staff from performing any form of surrogacy procedure. Any medical institution that assists a surrogacy arrangement may be subject to a fine of not more than 30,000 yuan (RMB) (Approx US$5000).
 +
* In addition the Ethical Principles of Assisted Human Reproductive Technology and Human Sperm Bank (updated 23 June 2003), establishes the protection of children as one of seven fundamental ethical principles of assisted human reproductive technology. This principal is seen to be guaranteed and implemented by, amongst other things, the prohibition on medical staff performing surrogate surgery. 
 +
* NB. Sanctions do not pertain to the surrogate mother or commissioning couple, and it has been reported that there is a significant 'underground' practice of surrogacy in China (See http://www.nytimes.com/2014/08/03/world/asia/china-experiences-a-booming-black-market-in-child-surrogacy.html?_r=1).
 +
 
 +
SALE OF GAMETES
 +
* The above mentioned Administrative Measures ban all forms of trade in fertilised eggs and embryos.
 +
 
 +
EGG DONATION
 +
*Egg donation is practiced in circumstances where an excess number of eggs (greater than 20) have been retrieved from an IVF patient and prior consent has been given.
 +
 
 +
There is a general prohibition against the sale of gametes, including eggs.
 +
 
 +
Egg donation is only permissible when an excess number of eggs (> 20) are retrieved from an IVF patient who has provided prior written approval.
  
 
In Hong Kong, however, which is partially autonomous, both surrogacy and compensation for providing eggs (for reproduction and for research) are allowed.<ref name=Sing/><ref name=asrm/>
 
In Hong Kong, however, which is partially autonomous, both surrogacy and compensation for providing eggs (for reproduction and for research) are allowed.<ref name=Sing/><ref name=asrm/>
 +
|Permitted and regulated practices=
 +
|Regulatory activities=
 +
|Accountability and governance=
 
|History=The Human Reproductive Technology Ordinance of 200 appears to have prohibited research cloning, stating that "No person shall... for the purposes of embryo research":  
 
|History=The Human Reproductive Technology Ordinance of 200 appears to have prohibited research cloning, stating that "No person shall... for the purposes of embryo research":  
 
* bring about the creation of an embryo
 
* bring about the creation of an embryo
Line 35: Line 61:
 
* clone any embryo.
 
* clone any embryo.
 
Recent policy changes appear to override this ordinance.
 
Recent policy changes appear to override this ordinance.
 +
|External links=
 
}}
 
}}
 
== References ==
 
== References ==
 
<references/>
 
<references/>

Revision as of 03:30, 15 November 2014