“Surrogacy” in the game
The “strong woman” Sun Hui got off work, but when she got home, she found the house was dark and silent. This is not normal – usually, her husband Zhang Guosheng always prepares meals and waits for her to go home.
She stood at the door and called “Guosheng” a few times while changing her shoes, but no one answered. Walking into the living room, she saw a letter on the coffee table, which said: “This kind of life is really boring, let’s get a divorce!”
Furious, Sun Hui called her husband immediately and asked, “What are you going to do? “Zhang Guosheng said lightly: “We don’t have children until now, so there is no need to live together again.” Sun Hui replied loudly: “I’m busy with work, it’s not like you don’t know!” Before the words finished, Zhang Guosheng had hung up Telephone. Sun Hui was angry and sad, and couldn’t help but think about her marriage…
She is a company owner, and her husband is a university teacher. When I first got married, my mother-in-law told her that the three generations of the Zhang family are single, and you and your wife should let me have a grandson as soon as possible. She smiled and said “let it be”, but she didn’t take it seriously in her heart, and she has been taking contraceptive measures since then. Her husband understands that she is busy with work and has no obvious objection to this.
The hardest thing is the Spring Festival every year. As soon as they arrived at the in-law’s house, the mother-in-law began to ask when they were going to have children. Every time at this time, Zhang Guosheng looked at Sun Hui silently, and Sun Hui could only perfunctorily say, “It’s coming soon.” After a few years, seeing her in-laws’ complexion getting worse and worse, Sun Hui simply found reasons not to go to her in-laws’ house for the New Year.
Later, Zhang Guosheng couldn’t help but asked her in private when she planned to have a baby, and she replied bluntly, “I’m the one who decides this matter.” In one sentence, everything her husband wanted to say was choked back. It wasn’t until now, when she was middle-aged and her marriage was in jeopardy, that Sun Hui suddenly realized that she hadn’t considered her husband’s feelings at all when it came to having a child.
Is it because of this that you get divorced? Sun Hui was reluctant. Zhang Guosheng is elegant, caring for his family, and he is a good husband who treats her wholeheartedly. Thinking about what she wanted, Sun Hui sent Zhang Guosheng a text message: “I can have a baby, we won’t divorce.” After a while, Zhang Guosheng returned home with red eyes. When Sun Hui saw it, her nose was sore, she hugged him and cried, and said repeatedly: “I blame me for this matter. Let’s start preparing for pregnancy immediately, and have a baby quickly!”
When the in-laws heard the news, they happily came to take care of Sun Hui, but they waited and waited, and she showed no signs of pregnancy. Although her husband persuaded Sun Hui not to worry, and her mother-in-law told her not to have psychological pressure, Sun Hui still decided to go to the hospital with her husband for a physical examination.
Before going, Sun Hui was full of confidence. Years of struggle experience told her that as long as she has something in her heart, it can be realized. She firmly believes that it will be a matter of time before she and her husband have a baby, and seeing a doctor is just to hope that this day will come sooner. However, the doctor’s diagnosis gave her a blow: her endometrium was not thick enough, and she was not suitable for IVF to conceive, and her chances of childbearing were slim.
Zhang Guosheng kept comforting Sun Hui, “It will definitely be cured.” But Sun Hui couldn’t accept this blow, so she went home silently and locked herself in the bedroom. After figuring out the situation, the in-laws couldn’t stay any longer and left angrily. The family was cloudy for days, and Sun Hui, who had always been strong, cheered up and had a firmer thought in her heart: to have a baby at all costs!
She handed over the management of the company to her subordinates, and she and her husband sought medical treatment everywhere. There is no less suffering, no less sin, and half a year has passed, but her stomach has never moved. Looking at his wife in anxiety, Zhang Guosheng lost his obsession with having children. He advised Sun Hui: “Forget it! Maybe God just wants us to be together forever.” Gradually, the life of the couple returned to the track of the past.
However, Sun Hui still did not give up searching for the “secret method of childbirth”. One day, she excitedly told Zhang Guosheng: “I have a way to have a baby! There are surrogates who can give birth to a surrogate for only a few hundred thousand yuan.” After hearing this, Zhang Guosheng felt unreliable and raised concerns: “I am I have seen news about surrogacy for a long time. But how do you know if a child born to someone else is ours?” Sun Hui laughed at him as pedantic, saying that there is a whole set of procedures for surrogacy. We will pay the full amount again.”
Zhang Guosheng was moved, but he still hesitated. “You won’t be deceived, right?” He confirmed to Sun Hui again. “Don’t worry, we won’t scatter eagles if we don’t see rabbits!” Sun Hui finally persuaded her husband and decided to spend money to fulfill their dream of having a child.
Soon, Sun Hui contacted a surrogacy company. The company manager Zhang Yufen explained the surrogacy process to her, saying that the company’s surrogate mothers have good conditions and high education. After discussing with her husband, Sun Hui signed a “surrogacy agreement”: the total price is 800,000 yuan, with a down payment of 300,000 yuan.
After paying the down payment, Sun Hui and Zhang Guosheng were arranged to go through a series of procedures. Soon after, Zhang Yufen told them that the surrogate mother had successfully conceived. The couple were very excited and hoped that the child would be born safely.
As time went by, Sun Hui’s desire to see her child became stronger, and she proposed to meet with the surrogate mother to provide prenatal education for the fetus so that the fetus could become familiar with her voice. Zhang Yufen rejected her request on the grounds that the company strictly forbids customers to meet with surrogate mothers and that the company has a complete prenatal education plan. Sun Hui had no choice but to put her enthusiasm on preparing baby products.
Time seems to be particularly long in anticipation. Sun Hui has been suffering for more than 8 months, and the child will be born in another month. However, on the eve of happiness, Zhang Yufen suddenly called and told her in a heavy tone: “After the pregnancy examination, the fetus’ heart is not fully developed, and it will either die or be disabled after birth. The company decided to induce labor for the sake of all parties.” Jiu Jiu Waiting but waiting for this result, Sun Hui and Zhang Guosheng felt very painful.
However, Zhang Yufen then said: “The other embryo you placed in the company is still alive and can continue to be a surrogate, but you need to pay an additional 200,000 yuan.” Because of the lessons learned from the previous failure, she requested to meet with the surrogate mother in advance to make sure that the other party is in good health before signing the agreement. Zhang Yufen couldn’t resist her, so she said in embarrassment that they could arrange a meeting between the two parties, but they could not talk after the meeting. Sun Hui fully agreed.
After seeing the surrogate mother, Sun Hui felt that she was not as good as advertised. She was not pretty, nor did she have a highly educated temperament. The only saving grace was her strong body. Sun Hui, who was eager to have a baby, signed a supplementary agreement with the surrogacy company without much entanglement.
This time, after hearing that the surrogate mother was pregnant, Sun Hui not only paid various high fees on schedule, but also often called Zhang Yufen to inquire about the situation. In order to reassure her, Zhang Yufen also told her which hospital the surrogate mother went to for the pregnancy test. Sun Hui knew that it was a famous obstetrics and gynecology hospital, and she felt at ease.
As the due date approached, Sun Hui called Zhang Yufen more frequently. Zhang Yufen told her that the surrogate mother has been admitted to the hospital, and the doctor’s examination is normal, and she will be able to see the child in a few days. After listening, Sun Hui was so excited that she couldn’t sleep, and immediately hired two nannies, one to do the housework and the other to take care of the children. Unexpectedly, her hopes were shattered again-Zhang Yufen called and said that while the surrogate mother was in the hospital waiting for delivery, she fell into the bathroom due to a slippery floor, causing the fetus to die in her womb.
Sun Hui was extremely angry that such an accident would happen in a well-known obstetrics and gynecology hospital. She and her husband rushed to the hospital, stood in front of the medical guidance desk, slapped the table and shouted, “Let the hospital leaders come out” and “You pay for my child”. The medical staff hurriedly asked what was going on, and Sun Hui said loudly: “Your hospital is not for saving lives, but for killing! I want everyone to know that your hospital has no medical ethics!” Zhang Guosheng also helped, and the scene was chaotic.
When the police arrived, they took the two to the hospital office. Sun Hui tearfully accused the hospital of killing her unborn child, “The hospital must give me an explanation”! However, after investigation, the hospital did not have the accident she said. Sun Hui was dumbfounded, but still insisted: “Impossible, you must be hiding it.”
Seeing that Sun Hui’s condition was not like a pregnant woman at all, the police asked carefully what happened. Sun Hui didn’t dare to hide it, and told about spending money to find a surrogate. The police then used her mobile phone to dial Zhang Yufen’s number. When Zhang Yufen heard that the police wanted to know the situation, she immediately hung up the phone and turned off the phone. Now, Sun Hui and Zhang Guosheng understood: they were cheated by Zhang Yufen!
After investigation, the police quickly determined that this was a case of criminal fraud, and Zhang Yufen was arrested after filing an investigation.
It turned out that Zhang Yufen opened a maternal and child health consulting company. In order to make a lot of money quickly, she put her mind on illegal surrogacy. She knows that clients looking for surrogacy are generally rich and anxious, and are easy to be fooled. In addition, the current law does not allow surrogacy. Even if there is a dispute, they dare not publicly defend their rights. Therefore, when Sun Hui came to her home for consultation, she set up many traps to cheat.
In fact, Zhang Yufen never arranged for a surrogate, and all the information she told Sun Hui was false. The so-called surrogate mother that Sun Hui met was actually the cleaning lady of the company. At that time, Zhang Yufen approached the cleaning aunt and lied to her: “There is a rich man who is looking for a nanny, you go and meet him. But you should talk less, lest she miss you.” Since the cleaning aunt did not understand the truth, there was no The intention to participate in the crime, so she is not an accomplice of Zhang Yufen’s deception.
After the investigation of the case was over, Zhang Yufen defrauded Sun Hui of 500,000 yuan in surrogacy fees on the grounds of providing so-called surrogacy services. She also used the same method to defraud another woman who was eager to have a child of more than 200,000 yuan. Zhang Yufen had already squandered all the defrauded money, and the economic losses of Sun Hui and Zhang Guosheng could not be recovered.
After review and prosecution by the procuratorate, the court sentenced the defendant Zhang Yufen to three years and six months in prison and a fine of 20,000 yuan based on the relevant provisions of Article 224 of the Criminal Law on the crime of contract fraud.
The legal focus of this case is the “surrogacy contract”, and disputes arising from this in practice continue to occur. my country’s “Human Assisted Reproductive Technology Management Measures” (2001) and “Human Assisted Reproductive Technology Regulations” (2004) both clearly stipulate that relevant medical institutions and technical personnel are prohibited from implementing surrogacy technology. For medical institutions that violate the measures and regulations, the government should give warnings, fine up to 30,000 yuan, and give administrative penalties to the relevant responsible persons; if a crime is constituted, criminal responsibility should be investigated according to law.
The subject of a surrogacy contract transaction is a human being—a baby. This not only violates the prohibitive provisions of the law, but also violates the basic principles of public order and good customs in the Civil Code. It is a legal form to cover up the illegal purpose, so the contract is illegal and invalid. False surrogacy is suspected of fraud, while organized surrogacy is suspected of illegal operation, and offenders will be punished by law. As for the pregnancy seeker and the surrogate mother, due to the invalidity of the contract, disputes are not protected by law, and they will also be in trouble.
After knowing the truth, Sun Hui and Zhang Guosheng regretted their mistakes and hated themselves for being blinded because they were in a hurry to have a child. They not only suffered economic losses, but also violated the law. Seeing that liar Zhang Yufen was sentenced, Sun Hui discussed with her husband before going to a regular hospital to recuperate her body. After all this tossing, she is already 40 years old, but fortunately, she has not completely lost the possibility of having children.
A family is a husband and wife, and whether to have children or not requires the consent of the husband and wife to make a decision. Sun Hui ignored this point, which led to disputes between husband and wife, and then went to the doctor in a hurry, and was deceived in finding a surrogate. This case has once again sounded the alarm for everyone: surrogacy is illegal in our country. It will not only create a dilemma for two mothers, but also allow criminals to take advantage of loopholes. Those who want to fulfill their dreams of seeking children will end up losing money and life by taking this path.