Regulation On Prohibiting Fetal Sex Identification and Selective Termination of Pregnancy for Non-medical Reasons

Date: Adopted at the Fifth Session of the Ninth Standing Committee of Shandong Provincial People's Congress on November 21, 1998

Subject: fetal sex identification, selective termination of pregnancy

Text:

Article 1. In line with national laws and regulations and taking the actual conditions of the province into account, the Regulation is formulated with the aim to ensure the normal gender structure of population at birth as well as promote the sustainable development of population, economy and society.

Article 2. The health and family planning administrations of people's government at all levels and health care and family planning service units under them respectively are prohibited from identifying fetal sex and conducting selective termination of pregnancy for non-medical reasons.

Article 3. It is strictly prohibited from identifying fetal sex by using the medical techniques such as b-scanner, chromosome verification and etc., and conducting selective termination of pregnancy, except for medical reasons.

The "medical reasons " means that some one who has been diagnosed to have sex-related hereditary diseases and needs to identify the sex of fetus and undergo selective termination of pregnancy.

Article 4. Diagnosis of sex-related hereditary diseases should be conducted by the medical and health care units authorized by the health administration of provincial people's government.

Pregnant women only with the medical certificate issued by the medical and health care units mentioned above can go for the identification of fetal sex.

Article 5. Termination of pregnancy are prohibited if women have planned pregnancy, except for following cases:

A fetus suffers from a serious hereditary disease.
A fetus has serious deficiency.
Continuing pregnancy will undermine or endanger the health or life of women suffering from serious disease.
Other special cases approved by family planning departments of local governments above the county level.

The cases applicable to the above three provisions, after the termination of pregnancy has been made, the health care and family planning service units should submit a written report to the local family planning administration.

Article 6. Self-employed health care units are strictly forbidden to make any operation of pregnancy termination.

Article 7. People's governments at various levels, relevant departments and social institutions should carry out publicity and education on the prohibition of identifying fetal sex and selective termination of pregnancy for non-medical reasons.

Clear logos concerning non-violation of the regulation should be displayed in all relevant working places.

Article 8. Any maternal and child health or family planning workers who violate the regulation and conduct fetal sex identification shall be subjected to administrative sanctions by the local authority or superior administrations. If serious, the license for medical practice must be revoked.

For those who violate the regulation and have no license for medical practice issued by any health care organ or family planning technical service, administration sanction will be given, and in addition they will be fined from RMB5,000 to 10, 000 Yuan.

Article 9. Any health care or family planning service units and their staff that violate the regulation and conduct the selective termination of pregnancy will be given administration sanctions in accordance with the following provisions:

The illegal income and medical equipment will be confiscated by the family planning department of people’s government above the county level. The responsible unit shall be fined from RMB10,000 to 50,000 Yuan. The responsible person shall be fined from 5000 to 10,000 Yuan.

The license for medical practice of responsible unit shall be revoked by the health care administration of the people's government and family planning department above the county level. The responsible person shall be subject to administration sanction such as de-promotion.

Any one without the license for medical practice issued by the state and whose action causes the death, disablement and deprivation of working ability of the client shall be prosecuted for their criminal liabilities.

Article 10. Health care and family planning technical service units and their staff that accept bribes constitute a crime and shall be prosecuted for their criminal liabilities.

Article 11. Any pregnancy woman who violates the regulation and undergoes fetal sex identification or selective termination of pregnancy shall be fined from RMB500 to 2000 Yuan by family planning department above county level.

Article 12. Punishment fee must use the special receipt printed exclusively by finance department and fines shall be turned over to the national treasury.

Article 13. Judicial and prosecution units, family planning department, health care bureau, security bureau and monitoring section of people’s government at all levels should cooperate closely to monitor and address the practice of fetal sex identification and selective termination of pregnancy in accordance with law.

Article 14. Any administrators in the health care and family planning administrations who neglects one’s duties, abuses power and practices favoritism shall be subject to administration sanction given by its unit and superior authority. If constituting a crime, he or she must be prosecuted for his or her criminal liabilities.

Article 15. Any citizen, legal person and other organizations have rights to report an offense to the family planning department of people’s government above the county level. The family planning department of local government will give awards to the reporters and make the reporting confidential.

Article 16. Anyone who refuses to accept the administrative sanction has rights to ask for reconsideration and bring his or her suit before the people's court in accordance with legal procedure.

Anyone who fails to file the application for reconsideration or file the suit before the people's court within the designated time period and also fails to obey the decision, the responsible unit is entitled to bring the suit before the court for taking compulsory action.

Article 17. The Regulation will come into force in January 1, 1999.