Difference between revisions of "China"

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|image_flag=China-flag.gif
 
|image_flag=China-flag.gif
 
|Region=Asia
 
|Region=Asia
|Population=1,321,851,888
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|Population=1321851888
|GDP=3,250,827
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|GDP=3250827
 
|Eggs for assisted reproduction=commercial prohibited
 
|Eggs for assisted reproduction=commercial prohibited
 
|Eggs for research=commercial prohibited
 
|Eggs for research=commercial prohibited
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|Reproductive cloning=PROHIBITED
 
|Reproductive cloning=PROHIBITED
 
|Research cloning=regulated
 
|Research cloning=regulated
|Sex selection=social uses prohibited
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|Sex selection=PROHIBITED
 
|Surrogacy=PROHIBITED
 
|Surrogacy=PROHIBITED
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|European Union=
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|Organisation for Economic Co-operation and Development=
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|Council of Europe=
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|1997 COE Biomedicine Convention=
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|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
|Key laws and policies=* [http://www.chinaphs.org/bioethics/regulations_&_laws.htm Ethical Guidelines on Human Embryonic Stem Cell] (January 2004)
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|Introduction=
* Measures on the Regulation of Human Supplemental Reproduction Technologies, Ministry of Health Order No. 14 (2001)
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|Key laws and policies=*[https://muse.jhu.edu/journals/kennedy_institute_of_ethics_journal/v014/14.1ethics_committee.pdf Ethical Guidelines on Human Embryonic Stem Cell] (January 2004)
* Human Reproductive Technology Ordinance, Section 15 (June 2000)
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* 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
|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>
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* 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
  
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>
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Note: In the reforms of 2013, the Ministry of Public Health was dissolved and its functions integrated into the new agency called the National Health and Family Planning Commission.
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|Foundational values=
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|Prohibited practices='''Reproductive Cloning'''
  
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>
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*Reproductive cloning is prohibited by the Ethical Guidelines on Human Embryonic Stem Cell and the Regulation on Human Assisted Reproductive Technologies.<ref name="unesco">UNESCO, "[http://unesdoc.unesco.org/images/0013/001342/134277e.pdf National Legislation Concerning Human Reproductive and Therapeutic Cloning]."</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>
 
  
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>
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'''Sex Selection'''
  
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/>
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*Sex selection is prohibited,<ref name="cgs">Center for Genetics and Society, "[http://geneticsandsociety.org/downloads/200904_sex_selection_memo.pdf Countries with laws or policies on sex selection.]"</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> In the past it has been reported that wealthy Chinese were traveling to the US and elsewhere to evade restrictions on the use of PGD.<ref name=washingtonpost> Carla K. Johnson, "[http://www.washingtonpost.com/wp-dyn/content/article/2006/06/14/AR2006061401477.html Wealthy go to US to choose baby's sex]," ''Washington Post'', June 14, 2006.</ref>
|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":
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* bring about the creation of an embryo
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* replace the nucleus of a cell of an embryo with a nucleus taken from any other cell
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'''Surrogacy'''
* clone any embryo.
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Recent policy changes appear to override this ordinance.
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*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).  
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* 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, among other things, the prohibition on medical staff performing surrogate surgery.
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* In 2013, the Ministry of Health reaffirmed the surrogacy ban, while asking experts to ponder the related legal, ethical, and social issues.
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*Note: The Administrative Measures 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.)
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'''Sale of Gametes'''
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*The above-mentioned Administrative Measures ban all forms of trade in fertilized eggs and embryos.
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|Permitted and regulated practices='''Egg Donation'''
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*Egg donation is practiced in circumstances where an excess number of eggs (greater than 20) have been retrieved from an IVF patient and prior written consent has been given.
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'''Research Cloning'''
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*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>
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|Regulatory activities=
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|Accountability and governance=In October 2014, six government departments held a meeting to review a special program on fighting illegal medical practices that had been in operation since September 2013. The meeting included discussion that "the NHFPC and the Ministry of Public Security dealt with illegal assisted reproductive technology cases in Hubei" (http://www.chinadaily.com.cn/m/chinahealth/2014-11/05/content_18873249.htm).
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|History=
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|External links=
 
}}
 
}}
 
== References ==
 
== References ==
 
<references/>
 
<references/>

Latest revision as of 17:03, 8 October 2015