Legal provisions prohibiting the identification of fetal sex

Provisions prohibiting artificial termination of pregnancy by sex identification and sex selection of fetus for non-medical needs

Article 1 These Provisions are formulated in accordance with the Population and Family Planning Law of the People's Republic of China, the Maternal and Infant Health Care Law of the People's Republic of China and other laws and regulations in order to implement the basic national policy of family planning, promote the gender balance of the birth population and promote the balanced development of the population.

Article 2 Non-medical sex identification and sex-selective artificial termination of pregnancy refer to sex identification and sex-selective artificial termination of pregnancy, except that the fetus may be accompanied by genetic diseases and needs sex identification and sex-selective artificial termination of pregnancy.

Article 3 It is forbidden for any unit or individual to identify the sex of the fetus for non-medical needs and selectively terminate pregnancy artificially.

It is forbidden for any unit or individual to introduce or organize pregnant women to carry out fetal sex identification for non-medical needs and to choose sex for artificial termination of pregnancy.

Article 4 The health and family planning administrative departments at all levels and the food and drug supervision departments shall establish a cooperative mechanism and a linkage law enforcement mechanism, investigate and deal with illegal acts of fetal sex identification and non-medical artificial termination of pregnancy according to law, and implement supervision and management.

The administrative department of health and family planning and the food and drug supervision department shall, according to their respective duties, formulate the management system for fetal sex identification, artificial termination of pregnancy and related drugs and medical devices.

Fifth health and family planning administrative departments at or above the county level shall perform the following duties:

(a) to supervise, organize and coordinate the investigation and handling of non-medical fetal sex identification and sex-selective artificial termination of pregnancy;

(two) responsible for the medical and health institutions and their employees' access to practice and the supervision of the use of related medical devices, as well as the publicity and training of relevant laws, regulations and practice norms;

(three) responsible for the use and management of the population information management system, and guiding the medical and health institutions to collect the birth and death information of newborns in a timely and accurate manner;

(4) Other related matters such as fetal sex identification for non-medical needs and sex-selective artificial termination of pregnancy as stipulated by laws, regulations and rules.

Article 6 The administrative departments for industry and commerce at or above the county level (including the market supervision and management departments that perform the duties of industrial and commercial administration, the same below) shall supervise the advertisements containing the contents of fetal sex identification and artificial termination of pregnancy, and investigate and deal with illegal acts according to law.

Article 7 The food and drug supervision department shall supervise the product quality of medical devices such as drugs related to fetal sex identification and artificial termination of pregnancy, ultrasonic diagnostic apparatus and special equipment for chromosome detection, and investigate and deal with relevant illegal acts according to law.

Article 8 It is forbidden to identify the sex of fetus and choose sex for artificial termination of pregnancy for non-medical needs, which should be included in the responsibility system of family planning target management.

Article 9 Whoever meets the statutory fertility conditions shall not be allowed to carry out sex-selective artificial termination of pregnancy, except in the following circumstances:

(a) the fetus suffers from serious genetic diseases;

(2) The fetus has serious defects;

(3) Continued pregnancy may endanger the life safety of pregnant women or seriously endanger the health of pregnant women due to serious illness;

(4) Other circumstances that require the termination of pregnancy as stipulated by laws and regulations or medically.

Article 10 Fetal sex identification for medical needs shall be conducted by medical and health institutions approved by the health and family planning administrative departments of provinces, autonomous regions and municipalities directly under the Central Government in accordance with relevant state regulations.

Because of medical needs for fetal sex identification, medical and health institutions shall organize more than three experts with clinical experience and knowledge of medical genetics, and collective examination of personnel with professional and technical titles of deputy chief physician or above. If it is really necessary to terminate pregnancy artificially after diagnosis, a medical diagnosis report shall be issued, and the medical and health institution shall notify the local county-level health and family planning administrative department.

Eleventh medical and health institutions should set up eye-catching signs in the workplace to prohibit non-medical fetal sex identification and sex selection for artificial termination of pregnancy; Medical staff should strictly abide by relevant laws and regulations and relevant systems such as ultrasonic diagnosis, chromosome detection and artificial termination of pregnancy management.

Twelfth institutions that implement artificial termination of pregnancy should register and check the patient's identity information before operation, and inform the local county-level health and family planning administrative department of the operation in time.

Thirteenth medical and health institutions in the event of neonatal death, it shall promptly issue a death certificate, and report to the local county health and family planning administrative departments.

If a newborn dies outside a medical and health institution, the guardian shall promptly report to the local township (town) people's government and the sub-district office health and family planning work institution; Township (town) people's government, street office health and family planning institutions shall verify and inform the township hospitals or community health service centers of relevant information.

Article 14 The list of drugs for termination of pregnancy shall be formulated and published by the State Council Food and Drug Administration in conjunction with the State Council Health and Family Planning Administration.

Pharmaceutical production and wholesale enterprises can only sell pregnancy termination drugs to pharmaceutical wholesale enterprises or medical and health institutions that have been approved to perform pregnancy termination surgery. When selling drugs for termination of pregnancy, pharmaceutical production and wholesale enterprises shall strictly examine the qualifications of buyers in accordance with the relevant provisions on drug traceability, and make sales records. Drug retail enterprises are prohibited from selling drugs to terminate pregnancy.

Drugs for termination of pregnancy can only be used under the guidance and supervision of doctors in medical and health institutions approved to perform termination of pregnancy.

Medical and health institutions approved to carry out artificial termination of pregnancy shall establish true and complete records of purchasing drugs for termination of pregnancy and establish complete files for users of drugs for termination of pregnancy.

Fifteenth medical device sales enterprises sell medical devices such as ultrasonic diagnostic equipment and special equipment for chromosome detection. , should check the qualifications of buyers, verify the qualifications of institutions and keep copies, and establish a true and complete purchase and sale record; Medical instruments such as ultrasonic diagnostic apparatus and special equipment for chromosome detection shall not be sold to institutions and individuals without corresponding qualifications.

Article 16 When medical and health institutions and teaching and scientific research institutions purchase medical instruments that can be used to identify the sex of the fetus, such as ultrasonic diagnostic apparatus and special equipment for chromosome detection, they shall provide the original and photocopy of their qualification certificates, submit them to the sales enterprises for verification and registration, and establish a system of incoming inspection records.

Seventeenth illegal release of non-medical needs of fetal sex identification or non-medical needs of artificial termination of pregnancy advertising, by the administrative department for Industry and commerce in accordance with the "People's Republic of China (PRC) Advertising Law" and other relevant laws and regulations for punishment.

The administrative department for industry and commerce may, according to needs, require the health and family planning administrative department at the same level to identify the non-medical fetal sex identification or non-medical sex selection, artificial termination of pregnancy and other professional and technical contents involved in the advertisement.

Article 18 Whoever, in violation of regulations, uses relevant technologies to identify the sex of a fetus for non-medical needs, or artificially terminates pregnancy by sex, shall be dealt with by the health and family planning administrative department at or above the county level according to the Population and Family Planning Law of the People's Republic of China and other relevant laws and regulations; The main person in charge, the directly responsible person in charge and the directly responsible personnel of medical and health institutions shall be punished according to law.

Article 19 Where a medical and health institution or personnel who have not obtained the technical license of maternal and infant health care engage in the operation of terminating pregnancy without authorization, and the personnel engaged in the technical service of maternal and infant health care issue false medical diagnosis opinions or certificates related to artificial termination of pregnancy, the health and family planning administrative department at or above the county level shall deal with them in accordance with the relevant provisions of the Law of the People's Republic of China on Maternal and Infant Health Care and its implementation measures; The main person in charge, the directly responsible person in charge and the directly responsible personnel of medical and health institutions shall be punished according to law.

Article 20 If an institution that has been approved to carry out artificial termination of pregnancy fails to establish a true and complete record of purchasing drugs for termination of pregnancy, or fails to establish a complete medication file for users of drugs for termination of pregnancy in accordance with regulations, the health and family planning administrative department at or above the county level shall order it to make corrections; Those who refuse to make corrections shall be given a warning and may be fined between 30,000 yuan and 5,000 yuan; The main person in charge, the directly responsible person in charge and the directly responsible personnel of medical and health institutions shall be dealt with according to law.

Article 21 If a pharmaceutical production enterprise or wholesale enterprise sells drugs for termination of pregnancy to medical and health institutions and individuals who have not approved the artificial termination of pregnancy, or fails to check the qualification certificate of the buyer or make sales records in accordance with the provisions, if a pharmaceutical retail enterprise sells drugs for termination of pregnancy, the food and drug supervision and administration department at or above the county level shall deal with it in accordance with the relevant provisions of the Drug Administration Law of People's Republic of China (PRC).

Article 22 Where a medical device production and operation enterprise sells medical devices such as ultrasonic diagnostic apparatus and special equipment for chromosome detection to institutions or individuals without purchasing qualification, the food and drug supervision department at or above the county level shall order it to make corrections and impose a fine of 6,543,800 yuan to 30,000 yuan.

Twenty-third introduction, organization of pregnant women for non-medical needs of fetal sex identification or artificial termination of pregnancy by sex selection, the health and family planning administrative departments at or above the county level shall be ordered to make corrections and give a warning; If the circumstances are serious, the illegal income shall be confiscated and a fine ranging from 5,000 yuan to 30,000 yuan shall be imposed.

Twenty-fourth to encourage any units and individuals to report violations of these provisions. If the contents of the report are verified, the whistleblower shall be rewarded in accordance with the relevant provisions.

Article 25 These Provisions shall come into force on May 1 day, 2065. On June 29th, 2002, 165438+ The former State Family Planning Commission, the former Ministry of Health and the former National Medical Products Administration promulgated the Provisions on Prohibiting Fetal Sex Identification for Non-medical Needs and Sex-selective Artificial Termination of Pregnancy, which was abolished at the same time.