The Department of Health (DOH) yesterday unveiled its draft for an artificial birth law, which will make surrogate motherhood legal, according to a report in the United Evening News.
The draft for the law governing surrogate births stipulates that the surrogate mother can't be paid for her services, but she is entitled to financial compensation for both her medical and nutritional expenses.
Commercial brokerage is also banned and violators are likely to face a fine of up to NT$1 million (US$29,800) and a two-year jail term, according to the bill.
After many rounds of consultation and discussion with civil groups and medical professionals, the DOH yesterday finally made public its draft for the surrogate motherhood bill.
Su Shu-chen (蘇淑貞), chief of the Woman's Health and Genetic Health Department at the National Health Bureau, yesterday said the bill allows couples with fertility problems, including women without a uterus and women whose health is likely to be endangered by pregnancy, to use surrogate mothers to help them have children.
However, the childless couple must provide their own eggs and sperm for the artificial insemination, Su said. The surrogate mother is restricted from providing eggs for conception.
However, the controversial part of the bill remains how the relationship between the child, the couple providing the eggs and sperm and the surrogate mother will be defined.
The Cabinet's version of the bill insists that the surrogate mother should be the legal mother of the child. In order to change the relationship, the couple can sign a contract with the surrogate mother to adopt the child.
However, in the DOH's version, it stipulates that the couple who provide the eggs and sperm are the legal parents of the child.
The bill also states that the agreement can be annulled at any time during the pregnancy if any member of the group deems it necessary, but they must properly compensate the other party for their losses.
If the biological parents die before the birth, the child will still belong to the parents.
After the delivery, the surrogate mother will be entitled to visit the child for up to two years, but the frequency and form of the visits are subject to mutual agreement.
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