China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

China Cracks Down on Illegal Application of Assisted Reproductive Technology

Tue, 10 Oct 2023
Categories: China Legal Trends

The Chinese government plans to implement the “Work Plan for the Special Action of Severely Cracking Down on the Illegal Application of Assisted Reproductive Technology (ART)” (开展严厉打击非法应用人类辅助生殖技术专项活动工作方案, hereinafter the “Plan”) from June to December 2023.

The Plan aims to crack down on the trade of gametes, zygotes, and embryos in any form, as well as the illegal application of ART, such as surrogacy and the illegal collection and donation of eggs.

It is believed that these acts violate women’s dignity, have the negative effect of objectifying women, and lead to crimes that seriously infringe upon the rights and interests of women and children, such as intentional injury, illegal detention, and trafficking of women and children. Accordingly, the Chinese government has formulated this Plan.

The highlights of the Plan are as follows.

  • The administrative penalties against medical institutions and medical personnel who provide ART services in violation of laws and regulations shall be increased.
  • ART practitioners shall be strictly prohibited from providing ART services in institutions that do not have qualifications or do not have corresponding technical categories.
  • Medical institutions shall strengthen the identification of patients and verify identity information in patients’ sperm collection, egg collection, embryo transfer, and other key links.

 

 

Photo by Vardan Papikyan on Unsplash

Contributors: CJO Staff Contributors Team

Save as PDF

You might also like

SPC Regulates Online Judicial Auctions

In November 2024, China’s Supreme People’s Court (SPC) issued new guidelines to regulate online judicial auctions, emphasizing transparency in property disclosures, enhanced mechanisms for judgment debtors to self-dispose of auctioned assets, and improved supervision across all auction stages to protect parties' rights and streamline enforcement procedures.

China’s First Tribunal-Ordered Interim Measure Issued in Beijing

In October 2024, an arbitral tribunal at the Beijing Arbitration Commission (BAC/BIAC) issued an interim measure based on the applicant’s request, which was later confirmed and enforced by the court through a preservation order. This is the first of its kind in China, confirming the validity of tribunal-issued interim measures and highlighting the pro-arbitration stance of Chinese courts.

SPC Releases IP Protection Cases in Seed Industry

In October 2024, China's Supreme People's Court (SPC) released key judicial protection cases to strengthen intellectual property rights in the seed industry, focusing on plant variety and breeding material disputes.

China Defines Rules for Calculating Trademark Infringement Gains

In October 2024, the China National Intellectual Property Administration (CNIPA) and the State Administration for Market Regulation (SAMR) jointly issued the “Measures for Calculating Illegal Business Revenue in Trademark Infringement Cases”, which provide detailed operational guidelines for trademark enforcement authorities to calculate illegal business revenue.

SPC Releases Typical Cases on Tourism Disputes

In September 2024, China's Supreme People's Court (SPC) released five typical tourism dispute cases, including health rights disputes caused by wild monkey attacks in Mount Emei, to guide courts in resolving common tourism conflicts and safeguarding tourists' legitimate rights and interests.

China Regulates Network Data Security

China's newly adopted “Regulation on Network Data Security Management”, effective January 1, 2025, seeks to standardize data processing, strengthen personal information protection, and tackle issues such as data security, risk assessments, and personalized profiling.

Beijing & Shanghai Unveil Low-Altitude Economy Plans

Beijing and Shanghai have announced plans to develop the low-altitude economy, aiming to grow the industry to CNY 100 billion and CNY 50 billion respectively by 2027, with a focus on aerial rescue, logistics, and passenger transport.

SPC Releases Typical Antitrust Cases

In September 2024, China's Supreme People's Court (SPC) published eight typical cases on antitrust and unfair competition, highlighting issues like price-fixing, market dominance abuse, and deceptive practices.