Foreword

On August 26, well-known anti-human trafficking activist Shangguan Zhengyi reported two companies in Qingdao for allegedly conducting illegal surrogacy operations. That same day, the Qingdao Health Commission promptly responded by coordinating with public security and market supervision departments to form a joint investigation team to thoroughly examine the situation. The event quickly drew widespread attention, thrusting the sensitive and complex issue of surrogacy back into the public spotlight. This case not only exposed the underground surrogacy industry but also sparked deep social reflections on reproductive rights, ethics, and the boundaries of law. The natural human desire to have descendants and enjoy family life is undeniable. However, in reality, numerous known and unknown factors contribute to increasing infertility issues. Additionally, some individuals are limited by health conditions, making natural conception difficult. Moreover, others may desire motherhood but, due to career or other objective factors, are unable to bear the physical demands of pregnancy and childbirth, creating a ""demand"" for surrogacy services. While the longing for children is understandable and sympathetic, surrogacy also brings significant ethical and legal issues, raising questions that society cannot ignore.

I. Relevant Concepts of Surrogacy

Surrogacy involves implanting a fertilized egg into a surrogate mother's womb, where she carries and delivers the baby for others. Based on the sources of sperm and egg, surrogacy can be categorized as follows: 1. The sperm and egg come from the couple, with the surrogate only providing the womb; 2. The sperm comes from the husband, while the egg is provided by the surrogate, who undergoes in vitro fertilization and then carries the child; 3. The egg is provided by the wife, and after heterologous artificial insemination, the embryo is implanted in the surrogate mother for pregnancy and birth.

Surrogacy is achieved through ""human-assisted reproductive technology,"" which involves using medical techniques to manipulate gametes, zygotes, and embryos to facilitate conception. These techniques include artificial insemination, in vitro fertilization, embryo transfer, and other related methods. Artificial insemination refers to the introduction of sperm into a woman’s body by artificial means, replacing natural intercourse to achieve pregnancy. In vitro fertilization and embryo transfer involve retrieving eggs from a woman’s body, fertilizing them with processed sperm outside the body, and then transferring the early-stage embryo to the uterus, where it develops into a fetus until birth.

II. Legal Consequences of Surrogacy and Legal Risks for Involved Parties

(A) Validity and Consequences of Surrogacy Agreements and Related Civil Legal Actions

The formation and evolution of civil legal relationships are deeply rooted in social ethics, with the two closely intertwined and mutually influential. Ethics provide the moral foundation for civil legal relationships, profoundly shaping their development and manifestations. Surrogacy challenges ethical boundaries, involving complex issues of life, family, and dignity, disrupting the clear framework of civil legal relationships. This compels the law to seek a balance between individual freedom and social order. Consequently, the validity of surrogacy agreements and similar civil actions face challenges in terms of efficacy, rights delineation, and ethical assessment.

1. Surrogacy Agreements Are Void Due to Violating Public Order and Good Morals

Article 1 of the Civil Code of the People’s Republic of China stipulates that this law is enacted to protect the lawful rights and interests of civil entities, adjust civil relationships, maintain social and economic order, and adapt to the development of socialism with Chinese characteristics, in accordance with the Constitution. Article 8 requires that civil activities not violate laws or public order and good morals, while Article 134 states that contracts violating laws, administrative regulations, or public order and good morals are void. These provisions underscore the law's commitment to protecting the legal rights of individuals within a clear boundary of behavior freedom and responsibility, not only setting standards for individual conduct but also preserving societal values. Surrogacy through monetary transactions violates relevant national laws and severely breaches social ethics and public order by engaging in ethically complex reproductive activities that challenge the natural laws of human reproduction and disrupt the ethical basis of family relationships. Therefore, surrogacy agreements or related financial transaction records are not legally recognized. Although these documents may record the intentions and details of both parties, the underlying activities are unlawful and unethical, and thus the law does not acknowledge or protect their legal validity. This approach not only denies illegal behavior but also firmly safeguards public interest and moral ethics.

Case Reference:

[(2021) Qian 03 Min Zhong 7921 Civil Loan Dispute between Chen Changyuan and Wang Dequn et al., Second Instance Civil Judgment]

2. Courts Do Not Support Claims for Refunds by Intended Parents Based on the Void Surrogacy Agreement

If the law requires a refund based on the void nature of a surrogacy agreement, this may inadvertently signal an implicit acceptance of such transactions that grossly contravene public order and good morals. Such judgments might mask the illegal nature of surrogacy under the guise of ""legally recognized economic transactions,"" leading potential lawbreakers to believe that as long as they formalize transactions in a contract, they may later recover ""economic losses"" through judicial means if their expectations are unmet. This weakens the law’s deterrent effect against serious breaches of moral standards. More critically, allowing intended parents to seek compensation on the grounds of void contracts, while appearing to protect their financial interests, overlooks the profound negative social and ethical impacts of illegal surrogacy. It could mislead the public into thinking financial compensation justifies overlooking the illegality and immorality of the actions involved, ultimately undermining public order and good morals.

Case Reference:

[(2020) Lu 09 Min Zhong 3550 Civil Commission Contract Dispute between Ran Linghui and Tian Yanguo, Second Instance Civil Judgment]

3. Courts Do Not Support Claims for Compensation by Surrogates Based on the Surrogacy Agreement

The law serves as a key tool in maintaining social order and protecting citizen rights, with its core values being fairness, justice, and societal harmony. As previously noted, surrogacy agreements breach the boundaries of public order and ethics, rendering them void. Claims for economic compensation based on such agreements are neither founded on legality nor aligned with the public interest. Consequently, such claims fall outside the scope of rights protected by law. Rejecting compensation requests based on surrogacy agreements not only prevents further adverse impacts on social ethics, family structure, and individual health but also safeguards public order and ethical norms, ultimately promoting the harmonious development of society.

Case Reference:

[(2021) Shan 06 Min Zhong 64 Civil Judgment on the Return of Original Property between Gao Fengling and Wang Wensheng, Second Instance Civil Judgment]

4. Civil Legal Acts Masked as Partnerships but with Surrogacy as Their Substance Are Unsupported by Courts

Taking partnership agreements as an example, partnerships are legally recognized forms of collaboration intended to promote resource allocation and shared risk in achieving economic goals. However, when this legitimate form is used deceptively to disguise surrogacy as “partnership,” the true nature of the act fundamentally changes. According to Article 146 of the Civil Code of the People’s Republic of China, civil legal acts involving false expressions of intent are void, and any concealed legal act is subject to legal evaluation based on its substantive nature rather than its outward form. This provision covers acts that use a legitimate facade to conceal an illegal purpose, essentially constituting a false expression of intent. Therefore, even if the surface of a partnership appears legitimate, its validity is questionable if it conceals an intent to facilitate surrogacy. In such cases, courts will delve into the actual intent behind the agreement and will not merely assess it based on its formal wording. If it is found that the agreement is merely a facade for illegal surrogacy, the court will expose its unlawful essence and deny its legal effect.

Case Reference: 

[(2020) Lu 05 Min Zhong 1685 Second Instance Civil Judgment on Partnership Agreement Dispute Between Ma and Song]

(B) Administrative Liability of Medical Institutions and Personnel Violating Assisted Reproductive Technology Regulations

Considering social ethics, legal order, and individual health rights, China has adopted a stringent stance, expressly prohibiting medical institutions and practitioners from conducting surrogacy procedures and strictly regulating the use of assisted reproductive technology (ART). Violations in these areas carry potential legal repercussions.

1. Legal Consequences for Unauthorized Use of Surrogacy Technology  .¹

Assisted reproductive technology must be conducted only within medical institutions approved and registered by health authorities and for medical purposes, adhering to national family planning policies, ethical principles, and legal procedures. Selling gametes, zygotes, or embryos and conducting surrogacy are explicitly forbidden. Recently, two doctors suspected of engaging in illegal surrogacy were suspended from practice. Whether their suspension is directly related to surrogacy activities is pending investigation, but if verified, they could face penalties such as corrective orders, warnings, confiscation of illegal earnings, or license revocation. If their actions amount to criminal conduct, they may also be subject to criminal prosecution.

2. Requirements for Medical Institutions Applying to Conduct Assisted Reproductive Technology.²

Institutions seeking to conduct ART must meet specific conditions and follow legal procedures when applying to relevant authorities. First, they must be adequately staffed with personnel possessing appropriate qualifications and technical expertise to ensure safe and effective procedures. Second, equipment and technology must meet established safety and efficacy standards, ensuring scientific and precise implementation. Third, institutions must have an established ethics review committee to oversee ART practices in alignment with ethical principles, safeguarding patient rights and ethical compliance. Lastly, compliance with national technical standards is essential to ensure that ART procedures operate within the legal framework.

3. Strict Compliance with Legal Requirements for ART Implementation.³

Medical institutions and practitioners performing ART must adhere to strict legal guidelines, and institutions must provide specialized training for involved staff. First, ART procedures must follow informed consent principles, with a signed consent form, a sperm supply agreement with a Ministry-approved sperm bank, and proof of qualified sperm testing. Confidentiality for patients is mandatory, with no disclosure of information allowed. Additionally, unless legally specified, gender selection is prohibited, and comprehensive record management is required, with certain records and legal documents stored permanently. Second, only personnel affiliated with the licensed medical institution may engage in ART activities, and practitioners may not operate outside their registered practice location.

(C) Criminal Risks Involved in Surrogacy Activities

Surrogacy agencies, whether to attract clients or out of a lack of legal awareness, often mislead the public by portraying surrogacy as an ambiguous “grey area.” However, case analysis and theoretical insights reveal that surrogacy involves multiple sensitive and complex steps that can easily cross criminal boundaries. From recruiting surrogate mothers and enticing clients to covertly colluding with medical institutions, embryo cultivation, implantation, and illegal documentation for newborns, each step is fraught with legal risks that should not be overlooked.

1. Crime of Illegal Detention⁴

In some cases, individuals involved in illegal surrogacy activities restrict the freedom of surrogate mothers to exert control over them. From a legal perspective, surrogate mothers are individuals with independent personalities and free will, protected by law in terms of their personal freedom. Restricting their freedom, such as by preventing them from leaving or close monitoring, meets the criteria for illegal detention. Those involved, from masterminds to managers and guards, bear legal responsibility. The subjective element of this crime is evident in the perpetrators’ deliberate intent to severely restrict the freedom of the surrogate, fulfilling the subjective requirement for illegal detention. Objectively, the continuous restriction on movement, such as locking rooms or closely monitoring the surrogate, leads to a loss of personal freedom, thus meeting the objective elements of illegal detention.

Case Reference:

[(2021) Yue 06 Xing Zhong 190 - Criminal Appeal Decision on Illegal Detention by Liu Kai, Xie Ding, and Xiao Xiang]

2. Crime of Organizing Others to Illegally Cross Borders⁵

In addition to domestic recruitment, cross-border surrogacy also occurs, leading to crimes related to illegal border crossing. Some surrogacy agents lure or deceive foreign women into the country under the guise of employment or surrogacy recruitment, constituting the crime of organizing others to illegally cross borders. Such cases often involve multiple criminals with well-defined roles, from identifying and smuggling women into the country to providing funds and living arrangements. This complexity and the potential harm of cross-border surrogacy increase when a dedicated smuggling organization is involved.

Case Reference: 

[(2020) Yue 0114 Xing Chu 429 - Criminal Case on Organizing Illegal Border Crossing by Shi Yong]

3. Crime of Human Trafficking⁶

Surrogacy’s lucrative profits serve as a double-edged sword, attracting both financially constrained women who willingly opt for surrogacy and criminals driven by profit to adopt illegal methods. As the demand for surrogates grows, some agencies or intermediaries may resort to buying women and coercing them into surrogacy to meet market demands. This act can foster and exacerbate crimes of human trafficking.

Case Reference: 

[(2017) Hu 0115 Xing Chu 1517 - Criminal Case on Human Trafficking by Li * and Ya *]

4. Crime of Illegal Medical Practice and Medical Malpractice⁷

Due to the illegal nature of surrogacy, surrogacy institutions often operate underground without effective oversight. Their personnel, facilities, and equipment often fail to meet industry and health standards, increasing the risk of medical complications for surrogates and resulting children. If a medical incident occurs due to improper procedures, incorrect medication, or a lack of essential medical checks, the healthcare providers involved in surrogacy could face charges for medical malpractice or illegal medical practice. Specifically, if the practitioner has a valid medical license but breaches regulations in performing surrogacy leading to an accident, they may be charged with medical malpractice. However, if the practitioner lacks medical qualifications entirely, their unauthorized involvement in surrogacy would constitute illegal medical practice.

Case Reference:  

Supreme People’s Court - Typical Case on Illegal Medical Practice by Wu *Rong

5. Crime of Trading Identity Documents, Trading Official Documents and Seals of State Organs, and Forgery or Alteration of Official Documents and Seals⁸

Since surrogacy is illegal, newborns from these activities often lack lawful birth certificates, making it difficult to legally register them under the intended parents. Consequently, surrogate agencies may resort to document-related crimes to address identity and registration issues for surrogate-born children. These include arranging for surrogates to use fake identities or impersonate others during hospital stays for childbirth, and subsequently using this false information to obtain birth certificates. In some cases, agencies may even forge or trade birth certificates and other documents to falsely establish the child's identity and secure household registration under the intended parents. Such actions may constitute crimes like trading identity documents, trading official documents of state organs, and forgery or alteration of official documents and seals.

Case References:  

[(2018) Xiang 0903 Xing Chu 836 - Case on Trading Identity Documents by Xing Qijin and Zhang Hongshang] 

[(2019) Xiang 0903 Xing Chu 771 - Case on Forgery and Trading of Official Documents and Seals by Tang Jianhui and Dai Liumin]

[(2014) Sui Li Fa Xing Chu Zi No. 649 - Case on Trading Official Documents by Fu *]

6. Crime of Bigamy⁹

In some cases, due to complex motivations like reproductive needs, economic exchanges, or attempts to conceal the nature of surrogacy, the commissioning party and surrogate may choose to cohabit. If this relationship evolves to the extent that the man and the surrogate openly cohabit as a married couple, it may constitute bigamy, violating social and ethical norms.

Case Reference: 

[(2017) Min 0213 Xing Chu 612 - Bigamy Case of Song ** and Chen **]

7. Crime of Illegal Control of Computer Information Systems, and Crime of Providing Illegal Programs or Tools for Invasion or Control of Computer Information Systems¹⁰

Aside from the criminal aspects of surrogacy itself, its promotion may also violate legal boundaries. For instance, those involved in surrogacy may infiltrate other websites to forcibly post advertisements. An example would be accessing FTP passwords of multiple websites to plant advertisements with keywords like ""surrogacy,"" thereby meeting the criteria for illegally controlling a computer information system. If a third party supplies software to facilitate this, they may be liable for the crime of providing programs or tools for illegal control of a computer information system.

Case Reference: 

[(2019) Su 0623 Xing Chu 14 - Case on Providing Tools for Illegal Control of Computer Systems by Liu Hongchao, and Illegal Control of Computer Systems by Tang Guangcai, Zheng Yaokun, and others]

8. Crimes of Disrupting Radio Communication Management and Damaging Broadcasting or Public Telecommunication Facilities¹¹

Advertising through unauthorized communication channels, like radio transmissions, may also constitute criminal activity. For example, setting up a “fake base station” without authorization to occupy a communication frequency and broadcasting surrogacy-related advertisements (e.g., surrogate recruitment, egg donation) could lead to charges for disrupting radio communication management. Furthermore, if this setup causes damage to existing broadcasting, television, or telecommunications infrastructure, it may constitute the crime of damaging public telecommunication facilities.

Case References: 

[(2018) Yue 0114 Xing Chu 722 - Case on Disrupting Radio Communication Management by Yang Dezhi] 

[(2017) Yu 0802 Xing Chu 360 - Case on Damaging Broadcasting or Public Telecommunication Facilities by Guan **and Wang **]

9. Crime of Fraud¹²

Fraud is another common crime associated with surrogacy. These cases typically do not involve legitimate surrogacy services; instead, the perpetrators use surrogacy as a pretext to defraud individuals. These fraudsters post false surrogacy advertisements, fabricate details about surrogates, exaggerate service promises, and fabricate successful cases to appear professional and reliable. They then lure clients seeking surrogacy services into a financial trap by continuously demanding payments under various pretenses—deposits, matching fees, embryo implantation fees, and maintenance costs—until the victims eventually realize they have been defrauded of substantial sums. Given the illegality of surrogacy, recovering these losses can be challenging for victims.

Case Reference:

[(2015) Yang Xing Chu Zi No. 971 - Contract Fraud Case of Fu *Xia]

III. Conclusion

Indeed, the longing for a child is profound and sincere. However, the complex risks of surrogacy and its impact on social order deserve our serious attention and consideration. In China, the legal system does not limit the path to parenthood; rather, it actively promotes legal avenues like adoption, responding to every couple’s hopes with warmth and inclusiveness. The medical community is also committed to innovation, seeking to provide solutions for couples facing fertility challenges. Additionally, social discourse increasingly focuses on the pressures of excessive competition and the effects of “internal competition” on individual lives, advocating for a more humane, healthy work environment that supports a positive atmosphere for reproductive health.

In this context, surrogacy stands as an ethical and legal challenge that places us at a new crossroads. We must maintain an open mind to explore and develop support mechanisms that align with ethical norms and legal frameworks, offering safe and lawful options for hopeful parents. Simultaneously, we must adopt a strict approach to curb the surrogacy black market, which undermines women’s and children’s rights and erodes social ethics. With swift and resolute measures, we aim to eradicate this harmful industry at its roots, safeguarding the moral and legal foundations of society.

To address the issue of surrogacy, a dual approach is necessary—balancing compassion with firm governance. Together, we can create a reproductive environment filled with empathy and structured order, allowing each new life to grow in love and respect.

Appendix: Relevant Laws, Regulations, and Policy Documents

1. Regulations on the Administration of Human Assisted Reproductive Technology (2001)

2. Provisions on Strengthening the Management of Assisted Reproductive Technology Service Institutions and Personnel (2019)

3. Regulations on the Clinical Application of Medical Technology (2018)

4. Regulations on the Administration of Medical Institutions (2022)

5. Detailed Rules for the Implementation of the Regulations on the Administration of Medical Institutions (2017)

6. Physician Law of the People's Republic of China (2022)

7. Notice on the Work Plan for Carrying Out Special Actions to Combat Surrogacy by the General Office of the National Health and Family Planning Commission, Central Publicity Department, Central Office of Comprehensive Law Enforcement, etc. (2015)

8. Report on the Deliberation Results of the Amendment (Draft) to the Law on Population and Family Planning of the People's Republic of China by the Legislative Committee of the National People's Congress (2015)

9. Special Action Work Plan to Severely Crack Down on the Illegal Application of Human Assisted Reproductive Technology, jointly formulated by the National Health Commission, the Central Political and Legal Committee, and 14 other departments (2023)

Notes

1. Regulations on the Administration of Human Assisted Reproductive Technology (2001)

Article 3: The application of human assisted reproductive technology shall take place in medical institutions, for medical purposes, and must comply with national family planning policies, ethical principles, and relevant legal provisions. The sale of gametes, zygotes, and embryos in any form is prohibited. Medical institutions and personnel are not permitted to perform any form of surrogacy.

Article 12: Human assisted reproductive technology must be implemented in medical institutions that have been approved and registered. No entity or individual may perform such technology without approval from the health administrative department.

Article 22: Medical institutions that violate these regulations by engaging in the following actions shall be subject to warnings, fines of up to 30,000 yuan, and administrative penalties for those responsible, with criminal charges applied if necessary:

(a) Selling gametes, zygotes, or embryos;  

(b) Performing surrogacy techniques;  

(c) Using sperm from institutions not holding the Human Sperm Bank Approval Certificate;  

(d) Unauthorized gender selection;  

(e) Inadequate documentation of assisted reproductive technology activities;  

(f) Non-compliance with quality standards as assessed by designated technical assessment bodies;  

(g) Other actions that violate these regulations.

2The Physicians Law of the People's Republic of China (2022)

Article 56: If a physician violates this law and engages in the following activities during professional practice, the health authorities at the county level or above shall order corrections, issue a warning, confiscate any illegal income, and impose a fine between 10,000 and 30,000 yuan. In severe cases, the physician may be suspended from practice for six months to a year or have their medical license revoked: (6) Conducting prohibited medical techniques in clinical applications.

Regulations on the Clinical Application of Medical Technology (2018)

Article 45: If medical personnel engage in any of the following activities, local health authorities at the county level or above shall handle the matter in accordance with relevant laws and regulations such as the Law on Practicing Physicians, the Nurse Regulations, and the Village Doctor Management Regulations. If the action constitutes a crime, criminal responsibility shall be pursued in accordance with the law: (2) Engaging in prohibited techniques in clinical applications.

2. Regulations on the Administration of Human Assisted Reproductive Technology (2001)

Article 6: Medical institutions applying to conduct human assisted reproductive technology must meet the following conditions:

(a) Have healthcare professionals and other technical personnel suitable for the specific techniques;

(b) Possess the necessary technology and equipment;

(c) Establish a medical ethics committee;

(d) Comply with the Human Assisted Reproductive Technology Standards issued by the Ministry of Health.

Article 7: Medical institutions applying to conduct human assisted reproductive technology must submit the following documents to the health authorities at the provincial, autonomous region, or municipal level:

(a) Feasibility report;

(b) Basic information about the medical institution (including bed numbers, departmental setup, staff details, equipment, and technical conditions);

(c) Details of the human assisted reproductive technology programs to be undertaken, including technical and equipment conditions and staffing;

(d) Regulations for conducting human assisted reproductive technology;

(e) Other materials required by the health authorities at the provincial level or above.

Article 21: If a non-medical institution engages in human assisted reproductive technology without approval, it shall be penalized according to Article 44 of the Regulations on the Administration of Medical Institutions. For medical institutions engaged in such activities without approval, penalties will be imposed in accordance with Article 47 of the Regulations on the Administration of Medical Institutions and Article 80 of the Regulations on the Implementation of the Regulations on the Administration of Medical Institutions.

Regulations on the Administration of Medical Institutions (1994)

Article 27: Medical institutions must conduct diagnostic and treatment activities within the scope of registered medical services.

Article 43: If a medical institution operates without a Medical Institution Practice License, it will be penalized in accordance with the Basic Healthcare and Health Promotion Law of the People’s Republic of China.

Article 47: If a medical institution conducts diagnostic and treatment activities outside the registered scope, health authorities at the county level or above shall issue a warning and order correction, with fines of up to 3,000 yuan imposed depending on the severity. In severe cases, the Medical Institution Practice License shall be revoked.

Regulations on the Implementation of the Regulations on the Administration of Medical Institutions (2017)

Article 80: Except in cases of emergency treatment, if a medical institution conducts diagnostic and treatment activities outside the registered medical service scope, a warning shall be issued for minor violations. For the following violations, correction within a prescribed period will be ordered, with fines of up to 3,000 yuan:

(a) Cumulative revenue from activities outside the registered service scope is below 3,000 yuan;

(b) Causing harm to patients.

For the following violations, a fine of 3,000 yuan shall be imposed, and the Medical Institution Practice License shall be revoked:

(a) Cumulative revenue from activities outside the registered service scope exceeds 3,000 yuan;

(b) Causing harm to patients;

(c) Other circumstances as stipulated by the health authorities of provinces, autonomous regions, or municipalities.

Basic Healthcare and Health Promotion Law

Article 99: If a medical institution operates without a Medical Institution Practice License, the health authorities at the county level or above shall order cessation of activities, confiscate illegal income, medications, and medical devices, and impose a fine between five to twenty times the illegal income. If the illegal income is less than 10,000 yuan, the fine shall be calculated based on 10,000 yuan.

3.Regulations on the Administration of Human Assisted Reproductive Technology (2001)

Article 13: Human assisted reproductive technology shall comply with the Standards for Human Assisted Reproductive Technology set forth by the Ministry of Health.

Article 14: Human assisted reproductive technology must adhere to the principle of informed consent, with consent forms duly signed. Any issues involving ethics must be reviewed by a medical ethics committee.

Article 15: Medical institutions performing sperm donation artificial insemination and in vitro fertilization-embryo transfer (IVF-ET) and its derivatives must sign a sperm donation agreement with a sperm bank approved by the Ministry of Health. Private sperm collection is strictly prohibited.

Medical institutions implementing human assisted reproductive technology must obtain certification that the sperm used meets quality standards.

Article 16: Medical institutions implementing human assisted reproductive technology must ensure confidentiality for patients and must not disclose any related information.

Article 17: Medical institutions implementing human assisted reproductive technology are prohibited from engaging in gender selection unless otherwise provided by laws and regulations.

Article 18: Medical institutions implementing human assisted reproductive technology shall establish a comprehensive technical records management system. Medical technical archives and legal documentation regarding sperm donation artificial insemination must be preserved permanently.

Article 19: Medical institutions implementing human assisted reproductive technology must provide training in medical skills and ethics to their personnel.

Regulations on Strengthening the Management of Assisted Reproductive Technology Service Institutions and Personnel

Article 6: When applying to provide assisted reproductive technology services or adding new technological categories, medical institutions must use their own personnel as the basis. If personnel changes occur, the institution must ensure that the existing personnel meet the required standards. Practitioners of assisted reproductive technology must work within the scope of the registered institution, profession, and specialty. Assisted reproductive technology practitioners are strictly prohibited from performing these services at institutions lacking the required qualifications or appropriate technical categories.

Physicians Law of the People’s Republic of China

Article 57: If a physician violates this law by practicing outside the registered location, field, or scope, health authorities at the county level or above, or the competent authorities in traditional Chinese medicine, shall order correction, issue a warning, confiscate illegal income, and impose a fine between 10,000 and 30,000 yuan. In severe cases, they may suspend the practice for six months to a year or revoke the medical license.

Article 58: Physicians who seriously violate professional ethics or medical ethics, causing significant social harm, may have their medical licenses revoked or be prohibited from practicing, and they may be banned from medical or clinical research activities for five years or even for life by provincial-level health authorities.

Article 59: For practicing medicine illegally without a physician’s license, health authorities at the county level or above shall order cessation of the illegal activity, confiscate illegal income, medicines, and medical devices, and impose fines between two and ten times the illegal income. If the illegal income is less than 10,000 yuan, the fine shall be calculated based on 10,000 yuan.

4.  Criminal Law

Article 238: Anyone who unlawfully detains another person or deprives another person of their personal liberty by other means shall be sentenced to a fixed-term imprisonment of up to three years, criminal detention, public surveillance, or deprivation of political rights. If violence or insults are involved, the sentence shall be more severe.

If such actions cause serious injury, the sentence shall be three to ten years of fixed-term imprisonment. If such actions result in death, the sentence shall be ten years or more of fixed-term imprisonment. If violence results in severe injury or death, the offender shall be convicted and punished in accordance with Articles 234 and 232 of this law.

Illegal detention or detention in order to collect a debt shall be punished according to the preceding two paragraphs.

5. Criminal Law

Article 318: Organizing others to illegally cross national borders shall result in a fixed-term imprisonment of two to seven years and a fine. In any of the following circumstances, the punishment shall be a fixed-term imprisonment of over seven years, or life imprisonment, plus a fine or confiscation of property: (1) Leaders of organizations involved in illegal border crossing; (2) Repeatedly organizing illegal border crossings or organizing large numbers of people; (3) Causing severe injury or death to those organized; (4) Depriving or restricting the personal freedom of those organized; (5) Resisting inspection through violence or threats; (6) Large illegal profits; (7) Other particularly severe circumstances.

If the actions include killing, harming, raping, or trafficking among those organized, or killing or harming inspectors, the offender shall be punished in accordance with the penalties for multiple crimes.

6. Criminal Law

Article 240: Trafficking of women and children is punishable by a fixed-term imprisonment of five to ten years and a fine. In any of the following circumstances, a punishment of over ten years of fixed-term imprisonment or life imprisonment, plus a fine or confiscation of property, may be imposed; in cases of particularly severe circumstances, the death penalty and confiscation of property may be applied: (1) Key members of an organization trafficking women and children; (2) Trafficking of three or more women or children; (3) Rape of trafficked women; (4) Coercing trafficked women into prostitution or selling them to others for forced prostitution; (5) Kidnapping women or children for sale using violence, coercion, or drugging; (6) Stealing infants or young children for sale; (7) Causing serious injury, death, or other severe consequences for the trafficked women, children, or their families; (8) Selling women or children abroad.

Trafficking in women and children includes actions intended for sale, such as luring, kidnapping, purchasing, selling, delivering, or transferring women or children.

7. Criminal Law

Article 335: If a medical worker, due to severe irresponsibility, causes death or severe harm to a patient, they shall be sentenced to a fixed-term imprisonment of up to three years or criminal detention.

Article 336: Practicing medicine illegally without a physician’s qualification certificate, when causing serious harm, is punishable by up to three years of imprisonment, detention, or control, with or without a fine; if the patient’s health is severely harmed, the sentence is three to ten years of imprisonment plus a fine; if death occurs, the sentence is over ten years of imprisonment plus a fine.

8. Criminal Law

Article 280: Counterfeiting, altering, buying, selling, stealing, robbing, or destroying official documents, certificates, or seals of state organs is punishable by up to three years of imprisonment, detention, control, or deprivation of political rights; in severe cases, the sentence is three to ten years of imprisonment.

Counterfeiting seals of companies, enterprises, institutions, or people’s organizations is punishable by up to three years of imprisonment, detention, control, or deprivation of political rights.

Falsifying or altering a resident’s identification card is punishable by up to three years of imprisonment, detention, control, or deprivation of political rights; in severe cases, the sentence is three to seven years of imprisonment.

9. Criminal Law

Article 258: If a person with a spouse remarries, or marries another while knowing that the other person has a spouse, they may be sentenced to imprisonment for up to two years or criminal detention.

10. Criminal Law

Article 285: Unauthorized intrusion into a computer information system other than those listed in the previous paragraph, or obtaining data stored, processed, or transmitted in such systems by other technical means, or controlling the system illegally, is punishable by up to three years of imprisonment or detention, with or without a fine; in particularly severe cases, the sentence is three to seven years of imprisonment plus a fine.

Providing programs or tools specifically for unauthorized access or illegal control of computer information systems, or knowingly assisting others in illegal intrusion or control by providing programs or tools, is punishable in accordance with the preceding paragraph.

If an organization commits any of the above offenses, it shall be fined, and those directly in charge and responsible shall be punished in accordance with each paragraph.

11. Criminal Law

Article 288: Unauthorized establishment, operation, or use of a radio station (base station) or unauthorized use of radio frequencies that interferes with the radio communication order is punishable by up to three years of imprisonment, detention, control, or a fine; in severe cases, the sentence is three to seven years of imprisonment plus a fine.

If an organization commits this offense, it shall be fined, and those directly in charge and responsible shall be punished according to the provisions of the previous paragraph.

Article 124: Destroying broadcast or public telecommunications facilities, thereby endangering public safety, is punishable by a fixed-term imprisonment of three to seven years; if severe consequences result, the sentence is over seven years.

12. Criminal Law

Article 266: Fraud involving significant amounts of public or private property is punishable by up to three years of imprisonment, detention, control, or a fine; if the amount is substantial or there are other serious circumstances, the sentence is three to ten years of imprisonment plus a fine; if the amount is exceptionally large or there are other particularly severe circumstances, the sentence is over ten years or life imprisonment, plus a fine or confiscation of property. Specific provisions elsewhere in this law shall apply where applicable.

Lawyer Wang Yuhang

Wang Yuhang is a senior partner at Guoyao Qindao (Qingdao) Law Firm, Deputy Director of the Qingdao International Compliance Research Institute, Director of the Criminal Committee, a member of the Criminal, Civil, and Administrative Legal Affairs Committee of the Shandong Provincial Lawyers Association, and a member of the Criminal Procedure Committee of the Qingdao Lawyers Association. He previously served as Chief Prosecutor and Director of the Office of the Prosecutorial Committee in a prosecutor’s office, and was recognized as an exemplary prosecutor among the top ten.

His areas of expertise include corporate compliance and risk control, workplace safety and emergency response, criminal defense, and prosecution.

Contact: 13396428666  

Email: wangyuhang@guoyaoqindao.com

Shi Shuxin

Shi Shuxin is a trainee lawyer at Guoyao Qindao (Qingdao) Law Firm and holds a Master’s degree in Law from Shandong University. Her main practice areas include criminal defense and prosecution, workplace safety and emergency response, and corporate compliance. She currently provides legal services to companies such as Qingdao Qianwan United Container Terminal Co., Ltd., and Qingdao Port International Co., Ltd. Dagang Branch.

Contact: 15194372012  

Email: shishuxin2019@163.com