Pregnant women can tell the sex of the fetus with a drop of blood! Is it reliable? Is it illegal? Typical case solution

The absurd propaganda tries to stir some people's nerves. There are always people who pay high prices for lessons. Sometimes I buy a lifetime of regrets and regrets. ......

The sex of the fetus can be known through venous blood collection and overseas testing; In vans and hotel rooms, there are various ways to escape the blow through mobile recognition; The cigarette is male, the flower is female, and the mask indicates the identification result. ...

Seven departments, including the National Health and Family Planning Commission, recently jointly issued a plan to launch a nationwide special campaign to rectify the "two evils", severely crack down on the "two evils" and promote the gender structure balance of the birth population.

With the liberalization of the national two-child policy, blood sampling to identify the sex of the fetus has attracted more and more second-born women and elderly women. Under the huge market demand, all kinds of underground fetal sex identification illegal profit-making black industrial chain came into being.

Basic information of the case:

20 18 10 18 Law enforcement officers of a municipal health planning commission, based on the clues reported by the masses, conducted a spot surprise inspection on the residence of a surrogacy institution and the offender Lin Moumou in conjunction with public security, drug supervision and other departments after preliminary investigation. After a comprehensive on-site inspection, it is found that:

At the bottom of a price list of an intermediary company, it was found that the contents such as "Hong Kong xy inspection fee of 3,800 yuan" were marked with a pen. In the employee's WeChat chat record, it was found that the WeChat business card "added his blood injection fee and transferred it to his blood collection fee of 3,800 yuan" and other content records. Three original fetal sex identification reports and a record book were found in Lin's residence.

Name, contact number, address and other contents are recorded in the notebook. Law enforcement officers investigated and inquired about Lin Moumou and other six employees of the company, and denied the illegal acts of the company and employees participating in blood collection to identify the sex of the fetus.

None of the above obvious evidence can make the actor admit his illegal behavior. Law enforcement officers can only seek other methods while fixing evidence.

Case progress:

Law enforcement officers changed their investigation ideas, started with the personnel information recorded in the register, conducted an investigation, and found the secret of the register. After verification, seven pregnant women took blood samples at home or in the car under Lin's arrangement, and paid appraisal fees ranging from 2,500 to 3,800 yuan. After learning the appraisal result, I recognized my belief and chose abortion for the appraisal result.

6543816/0, law enforcement officers investigated a hospital in the notebook and accidentally found the WeChat business card of Chen Mou, an emergency nurse. On its WeChat, there are two transfer records from Chen Mou, an employee of a surrogacy agency. 165438+109, law enforcement officers made an identification record through photo identification, and pregnant woman Zhao and others identified the person who planned to take blood.

165438+1October 26th, law enforcement officers issued a decision on administrative punishment based on the above evidence, and informed them in advance. After that, the relevant parties apply for a hearing.

Final punishment result:

On March 5, 20 19, after 19 applied for an extension, the law enforcement officers issued a decision on administrative punishment, and found that Li had illegally conducted fetal sex identification, which was an illegal act. Finally, according to the "Population and Family Planning Law", Li and others and intermediary companies were given warnings, and the illegal income was confiscated by 22,300 yuan and the administrative penalty was 89,200 yuan.

At the same time, Chen Mou, a blood sampling nurse, was given a warning, his illegal income was confiscated and his professional qualification certificate was revoked.

20 19, 19 The case of the party Li Moumou paying the fine was closed on May 4, and neither party applied for administrative reconsideration or filed an administrative lawsuit.

Summary:

At this point, the case has been handled. Li Moumou and others have assumed due legal responsibility for their illegal profit-making behavior. But what we should think deeply is not the illegal behavior of Li Moumou and others, but the focus should be on seven pregnant women and the reasons behind them. ......

We encourage childbearing, but we don't encourage selective childbearing. If you insist on having a son too much. So does our son have a wife to marry? To make matters worse, giving birth to a son will not only bring us a family line and provide for the elderly, but will bring us endless troubles and consequences!

According to Article 3 of the Provisions on Prohibiting Non-medical Needs to Identify Fetal Sex and Sex-selective Artificial Termination of Pregnancy, which was formulated by China's Health and Family Planning Commission in conjunction with the Ministry of Public Security, the State Administration for Industry and Commerce and the General Administration of Food and Drug Administration of the United States, it is prohibited to artificially terminate pregnancy without medical needs to identify fetal sex and sex-selective. Without the approval of the administrative department of health or the administrative department of family planning, no institution or individual may carry out fetal sex identification and artificial termination of pregnancy. Except as otherwise provided by laws and regulations.

According to the provisions of Article 35 of the Population and Family Planning Law, it is forbidden to use ultrasonic technology and other technical means to identify the sex of the fetus for non-medical needs; Sex-selective artificial termination of pregnancy for non-medical needs is strictly prohibited.

Article 36 of the Population and Family Planning Law stipulates that if the use of ultrasound technology and other technical means to identify the sex of a fetus for others without medical needs constitutes a crime, criminal responsibility shall be investigated according to law.

At present, China's criminal law has not stipulated the crime of illegally identifying the sex of the fetus and related charges. The crimes related to illegal identification of fetal sex are mainly the crime of illegal medical practice and the crime of illegal birth control operation. However, in many cases, it is difficult to link the illegal act of identifying the sex of the fetus with these two crimes. The far-fetched determination will eventually be acquitted because of insufficient evidence.

The Provisions on Prohibition of Fetal Sex Identification for Non-medical Needs and Sex-selective Artificial Termination of Pregnancy clearly stipulates that unless the fetus suffers from serious genetic diseases; The fetus has serious defects; Because of serious illness, continuing pregnancy may endanger the life safety of pregnant women or seriously endanger their health; Under other circumstances stipulated by laws and regulations, sex-selective artificial termination of pregnancy may not be implemented.

Where there is demand, there is a market, and people will take risks. Even if it is illegal, it will advance wave after wave. There is only one purpose, and that is benefit. If you can make money, someone dares to do it! What's more, this line is characterized by simple operation, strong concealment and difficulty in being seized. What are the reasons for the strong demand for fetal sex identification market?

First of all, encourage the traditional thinking of raising children to prevent old age and carry on the family line:

Before the introduction of old-age insurance and various new old-age policies, according to the tradition of our older generation, old-age care should be about sons. This is the way our previous generation of young people provided for their parents.

This deep-rooted mode of providing for the aged has been deeply engraved in our parents' minds, so when our young people's first child is a daughter, the second child's desire for a son is naked. Even my thrifty father can be said to have achieved the spirit of treating money like dirt in this matter.

The reason is also very simple. If you have grandchildren, you can pass them on, and you will feel at ease when you are old, because children have sons. Your child has been provided for! Holding grandchildren is not only the inheritance of our fathers, but also the deep love of our fathers. I'm afraid there is no one to support the elderly in our generation!

Second, the new concept of the new generation of parents:

Our parents in the 1990s now know that most families are still headed by women. Many sons cannot make decisions at home. The concept of raising children for old age is no longer applicable now.

When our first child is a son, what our father wants most is the second child to raise a daughter. First, children have both, and children have a companion. Secondly, I think I am supporting the elderly. For the elderly, it is obvious that women are more caring, more careful and more responsible. So the desire to raise a daughter is very strong.

Anyway, once we get hooked. When you are determined to pursue a specific result, that is the strongest demand. Once our needs are perceived, someone will use our obsession and needs to make money. Illegal fetal sex identification appeared.

Generally speaking, there are three methods for fetal sex identification: B-ultrasound, puncture and blood test.

The first is the traditional B-ultrasound:

If you want to identify the sex of the baby, you can do four-dimensional color Doppler ultrasound after four and a half months of pregnancy, and you can see the genitals of the fetus to distinguish between men and women. This identification method is relatively limited, such as the fetal sex organs being blocked when doing B-ultrasound examination. Sometimes there are errors, and the accuracy can't reach 100%. But this method has little influence on mother and child, and it is the safest method.

The second is amniocentesis:

Amniotic fluid is a special fluid that reflects various fetal functions and some diseases. Amniotic fluid contains cells detached from fetal skin, respiratory tract and urethra.

Amniocentesis is an invasive sex identification method, which has the risk of 1%-3% abortion, fetal malformation and infection. The accuracy rate can reach about 95%. The medical community disapproves of amniocentesis just to determine the sex of the fetus. Because there are too many uncontrollable factors, the risk is the highest.

The third is a blood test:

Maternal DNA blood test: refers to the use of genetic engineering technology, taking maternal venous blood to determine the sex of the fetus. There is no risk to the fetus and the mother, and the sex is inferred through chromosomes.

The earliest pregnant woman who has been pregnant for more than 7 weeks can know the sex of the fetus by means of blood DNA sex identification, and the accuracy rate can reach 99.4%. The blood test needs to be accurate after the fetus has fetal heart germ. Using genetic engineering technology, the blood of maternal vein is extracted to judge the sex of the fetus. And now the mainland can't pass the exam.

Blood test conditions: the gestational age must be more than 6 weeks; Have not given birth to a baby boy within one year; No blood transfusion, major surgery or organ transplantation within half a year; Blood type is a common blood type, A, B, AB, 0.

This method was discovered because of the development of genetics and medicine in recent years. But even with such advanced technology, the accuracy of 100% cannot be achieved!

Summary:

Although the blood test method has a certain reliability rate, it has no effect on the mother and fetus. However, the accuracy of 100% cannot be achieved. This also shows a result, that is, this method will be wrong! Once wrong, regret for life!

I am 85 years old and my mother is 65 years old. My grandmother has three children, a son and two daughters. Now I am bedridden with stroke and hemiplegia 15 years. According to our traditional custom of providing for the aged, my uncle, that is, my grandmother's son, should raise my grandmother.

However, as children, since my grandmother, when my mother and my aunt were in bed, and when the three of them discussed providing for the elderly, my mother and my aunt never said that they would not participate. Take turns to ask for retirement, one for four months.

My aunt is strong. When my grandmother first came to my uncle's house, she lived in his side room and ate leftovers from cold dishes. Give hot water only when you want it. Don't. No, my grandmother was in poor health when it was my uncle's turn to provide for the aged. Grandma never talks about her treatment to take care of her face.

At the end of my uncle's second round of support, grandma couldn't hold on any longer. Grandma was crying when my mother went to pick her up. Crying and telling. Then there was only one sentence: she would never come to my uncle's house again. ......

They are all adults, and everyone knows what treatment grandma has received. My uncle stood by without saying a word. Instead, it is the cynicism in menstruation's speech. ......

Today's grandmother supports her back and forth between my mother and my aunt. Everyone for half a year. My uncle calls several times a year to ask. No money, no effort! On the contrary, my aunt and parents are healthy and young, and live with my uncle all the year round. Eating and drinking are all paid by my uncle. My uncle didn't say anything either ......

In today's society, this is no longer an extreme case. A lot of similar situations have happened. My daughter is my parents' little cotton-padded jacket, and she will be my parents' intimate cotton-padded jacket when she grows up. Careful consideration and filial piety are the strengths and advantages of girls!

I finished my grandmother's story in a daze, and I don't know what it means. But at least one truth is obvious: girls' pension is no worse than boys'!

The sex ratio at birth is a demographic index reflecting the ratio of male to female born in a certain period, and the normal range is 103 to 107. The long-term imbalance of sex ratio at birth will bring a series of serious social problems to future marriage, employment, public security and pension.

Although comprehensive management has been carried out for many years, it has not reversed the severe situation that China faces the imbalance between men and women. Due to the serious imbalance of sex ratio at birth, by 2020, there will be 24 million more men of marriageable age than women in China. Where should so many unmarried men go?

How many grandparents do you remember from more than three generations? Do you remember their faces? Do you remember their names? Whether it is family, society or country, it is necessary to carry on the family line. But can our son carry on the family line independently?

The state encourages prenatal and postnatal care, but absolutely does not encourage selective childbearing! Even in some aspects, the risk brought by the abnormal sex structure of the population is far greater than the risk of fertility reduction! Because whether it is a family or a country, stability and harmony are the most basic cornerstones! what do you think?

I was born in 1985. I am an only child. My first child is a daughter, and my second child is still willing to have a daughter!

# Legal Action # End of the full text, I am a hand in hand with law and life, and welcome any legal issues to exchange and learn together. Code words are not easy, please don't copy them! The picture came from the network and has been deleted.