The filming 丨 a woman in Jiangsu spent 390,000 yuan to find a surrogate, the court sentenced

New Yellow River Reporter: Yin Yuguo

A woman in Jiangsu Province signed an agreement with a 390,000 surrogacy tube with a Health Management Consulting Co., Ltd. in Jiangsu Province and wanted to have a child.

Later, the woman learned that the surrogacy service violated the relevant provisions of the "Administrative Measures for Human Assistance Reproductive Technology" and sued the court to request that the "390,000 surrogacy tube agreement" was invalid and returned the cost.

On July 20, the court made a first trial of the case, and the inside story of the surrogacy was also unveiled.

390,000 pregnancy tube

Liu Qian (pseudonym), a 57 -year -old woman, lives in Jiangsu Province.

Three years ago, 54 -year -old Liu Qian saw the children of someone else's family and had the idea of ​​having children. Because she was a losing family, she could no longer give birth.

Liu Qian, who wanted the child, thought of surrogacy. In 2019, she learned that Jinan Kaiyuan Health Management Consulting Co., Ltd. could provide surrogacy services.

What kind of company is this? New Yellow River reporter found that it was a business service industry company through a love enterprise. This is a business service company. In 2018, it was registered and established in Licheng District. Intermediary); wholesale, retail, and other items of office supplies, daily necessities, and other items that have not been prohibited and do not need to operate permits in accordance with laws, regulations, and the decision of the State Council. The legal representative is Ms. Wang.

Wang, the legal representative of Kaiyuan Company, introduced Liu Qian in detail the process of surrogacy, and paid in stages. On December 2, 2019, the two signed a "390,000 surrogacy tube agreement", and Wang, the legal representative of Kaiyuan Company, signed the agreement. The agreement stipulates that the defendant provides surrogacy services for Liu Qian. The plaintiff paid 71,966 yuan in accordance with the defendant's requirements.

This "390,000 surrogacy tube agreement" contains the following content. The total amount of surrogacy tube is: San Shi Shi Ten 10,000 yuan, Party A does not choose the appearance, blood type, age (within 36 years old), the physical examination of the agency, the physical examination, The surrogate party medical examination (ranking cycle) Party A paid RMB 10,000; the surrogate party departed Thailand (before boarding the plane) to pay 30,000 yuan; the surrogacy prescription was confirmed to pay RMB 30,000.

Incarnation of surrogacy tubular protocols

Later, Liu Qian learned that surrogacy services violated Article 3 of the Measures for the Administration of the Human Affairs Reproductive Technology.

In order to safeguard her legitimate rights and interests, she sued to the People's Court of the Calendar District and made a request for litigation: 1. Confirm the "390,000 Pregnancy Tube Agreement" signed by the original and defendants; 2. Wang returned to the payment of 71966 yuan; 3. The litigation fee in this case shall be borne by the defendant.

The people's court of Licheng District believes that civil subjects must not violate the law, and must not violate public order and customs. In this case, the surrogacy matters stipulated by Liu Qian and Wang's "390,000 Surrogacy Tube Agreement" are inconsistent with the current ethics and morality of my country, and there are also social order and good customs. Therefore, the agreement is invalid. After the contract is invalid or revoked, the property obtained by the contract shall be returned; if it cannot be returned or does not need to be returned, the discount should be compensated. The party with faults shall compensate the other party's losses because of this, and both parties shall have their own faults and shall bear the corresponding responsibilities.

In this case, the "390,000 Surrogacy Tube Agreement" signed by Liu Qian and Wang was invalid. Wang should return the property obtained by Liu Qian because of the property provided by Liu Qian and his own statement. The previous parties have been contacted and paid to the relevant surrogacy costs. The court is credible. The court has identified it. The daily payment of 2250 yuan, 5236 yuan paid on November 27 of the same year, 530 yuan paid on November 29 of the same year is inconsistent with the contract agreement and common sense. The case is not handled for the time being, and Liu Qian can handle it separately after supplementing the evidence. The remaining 60,000 yuan should be the property obtained by Wang because of the agreement, and Wang should return it.

Wang was summoned by the court to participate in the lawsuit without the court, deemed the right to abandon proof, qualifications, defense, and final statements, and assume the legal consequences of unfavorable legal consequences in accordance with the law.

On July 26, the first instance of the Lixong District People's Court: confirmed that Liu Qian and Wang signed the "390,000 Pregnancy Tube Agreement" signed on December 2, 2019; 60,000 yuan.

Lawyer Ma Yongjie, a law firm in Shandong Zhongxun, believes that surrogacy in some regions of foreign countries, that is, third -party auxiliary reproduction is allowed. But in China, surrogacy is illegal. In April 2015, 12 departments such as the former Health and Family Planning Commission and the General Office of the Central Propaganda Department jointly released the "Work Plan for the Special Action of Surrogacy" to carry out special actions to crack down on surrogacy across the country. In addition to ethical and moral issues such as ethics, morality, etc., during the implementation process, fraud, abandonment, trafficking women, children, and illegal medicine may occur. Waiting for disputes to cause physical and psychological damage to innocent children.

Edit: Weekend

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