The Ministry of Health and Welfare recently unveiled a draft amendment to the Assisted Reproduction Act (人工生殖法), which also incorporates the application of the act to three special groups of same-sex couples, single women and surrogate mothers — among which child surrogacy must be carried out on a “nocompensation” basis.
However, applicants must provide the necessary fees, and must not make surrogate mothers sign a contract by fraud or threat. Contraventions could face imprisonment of not more than three years.
While surrogate motherhood is becoming increasingly accepted, it is the government’s responsibility to build a diverse and harmonious society to ensure that all children can grow up safely and securely in whichever family they have.
In 2005, when the army’s 586th Brigade was transiting to garrison duty, the brigade’s company commander, surnamed Sun (孫), was killed in a traffic incident. His girlfriend, surnamed Lee (李), who had been in a relationship with him for about eight years, appealed to then-premier Frank Hsieh (謝長廷) and then-minister of national defense Lee Jye (李傑) for her to be able to obtain Sun’s sperm so that she could have his child.
Within the crucial 72 hours after the incident, Hsieh instructed the health authorities to assist Lee in obtaining Sun’s sperm through a special permit, and she fulfilled her wish.
However, what followed were issues involving the unforeseen pregnancy, the mother’s mental health and the child’s personal rights. Ethical issues and legal rights made the case more complex. As the cameras and spotlight faded away, hardly anyone remembers the case today.
While the protection of the rights of those involved in assisted reproduction should not be prioritized over the well-being and rights of the child and the family, the physical and mental health of the mother and the protection of her rights are also of paramount importance.
SURROGACY CONTRACT
A comprehensive surrogacy contract should be implemented that is based on a safe environment that considers “human dignity.” The national mechanisms should protect the safety of those involved, so their rights would not be harmed. Only with the complementary measures that account for legal considerations can we ensure the “stable and orderly” development of such cooperative relationships.
Wei Zheng (魏徵), a politician and historian in the Tang (唐) Dynasty, once advised Emperor Taizong (太宗): “Your Majesty, as a parent who cares for the people, should worry about the people’s worries and take the people’s heart as his own, because this is the normal and proper practice.”
OTHER CASES
In addition to the issue of reproductive rights, the environment for raising children is also important. While people are glad to see the health ministry’s efforts to push for the draft amendment, it must be emphasized that only when all children are allowed to grow up in a stable and safe environment can the positive legislation on assisted reproduction be more complete.
In Denmark, parents of babies are legally entitled to 13 weeks of parental leave, and since May 1, parents of twins have been given an additional 13 weeks of leave per year to ensure more time for proper parenting. This would likely make the policy more complete.
Chao Hsuey-wen is an assistant professor and holds a doctorate in law from Fu Jen Catholic University.
Translated by Eddy Chang
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