冷冻卵子:世间没有完美的后悔药

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  After the “egg freezing” technology being allowed to be used in clinical practice, it has drawn accumulating number of people’s attention and favor from all over the world. The news that a Chinese “older” female star bluntly admitted that she had frozen her egg makes this medicine technology suddenly popularized among the ordinary people. Some people clap their hands in applause. On the other hand, some have questioned. There is no doubt that egg freezing brings more options to the fertility and birth of female and at the same time it is also confronted with the risk of subverting current social status.
  在“冷冻卵子”技术被允许应用于临床后,受到世界各地越来越多人的关注与青睐。中国“大龄”女明星大方承认自己冷冻卵子的新闻把这项医学技术一下普及到了寻常百姓家。有人拍手叫好的同时,也有人提出了质疑,冷冻卵子无疑给女性生育方面带来了更多的选择,但与此同时也面临着颠覆既有社会现状的风险。
  Xu Jinglei, the 41-years-old Chinese star, recently admitted that she had gone to the United States to freeze her nine eggs in order to keep the possibility of her becoming a mother. She said jokingly that it felt like she had found “the only regret medicine in the world”. After that, the CCTV news also revealed the whole process of egg freezing and said China’s Ministry of Health stipulates that single women must not implement relevant operations of assisted reproduction. Some hospitals allow single women to freeze eggs, however, three identifications must be provided when using the frozen eggs, which are identity card, marriage certificate and birth permission. “Egg freezing” immediately sparked widespread social concern and a lot of women who missed out on the average child-bearing period rushed to the hospital to ask about egg freezing process, related costs and its security. The discussion derived from egg freezing to women’s reproductive rights has become a hot topic.
  Egg freezing, also called frozen eggs, refers to gaining intravital eggs and freezing them when the matrix is healthy to prevent them from aging with the human bodies. And when they want to conceive a child, they can take out the frozen eggs and recover them to use. Egg freezing, in China, belongs to the scope of human assisted reproduction. In 2001, the Ministry of Health once released Regulations of Human Assisted Reproductive Technology and revised some parts of it in 2003. It explicitly puts that human assisted reproductive technology refers to the technology that uses medical technology and method to conduct manual operations of gametes, zygotes and embryos in order to achieve the purpose of fertilization. The application of human assisted reproductive technology shall be conducted in medical institutions for the purpose of medical treatment and in line with the national family planning policy, ethics principles and relevant legislation.   现年41岁的中国艺人徐静蕾最近坦承为了保留自己成为母亲的可能,曾赴美国冷冻了9颗卵子,她笑言觉得这就像找到了“世界上唯一的后悔药”。此后央视新闻也揭秘了冷冻卵子的全过程,并称“我国卫生部规定,单身女性不能实施辅助生殖技术的相关手术。有的医院允许单身女性冷冻卵子,但在使用冷冻卵子时必须提供三证:即身份证、结婚证、准生证”。“冷冻卵子”随即引发了广泛的社会关注,不少超过平均育龄期的妇女纷纷向医院打听冷冻卵子的过程及相关费用和安全性,由“冷冻卵子”到女性生育权利的探讨也成为热议的话题。
  冷冻卵子,又称雪藏卵子,在母体健康时获取活体卵子并将其冷冻,从而阻止卵子随人体衰老,待想生育时取出冷冻的卵子将其复苏使用即可。冷冻卵子在中国属于人类辅助生殖范围,2001年卫生部曾经发布了《人类辅助生殖技术管理办法》,并在2003年对其进行了部分修订。其中明确提出,“人类辅助生殖技术是指运用医学技术和方法对配子、合子、胚胎进行人工操作,以达到受孕目的的技术。人类辅助生殖技术的应用应当在医疗机构中进行,以医疗为目的,并符合国家计划生育政策、伦理原则和有关法律规定。”
  Xu Jinglei forwarded the weibo of CCTV news and said that there is a kind of creature called #single women in China#, seemingly showing dissatisfied with the regulations. Later, Han Han also forwarded the weibo and protested that must fertility be bound to marrying a man? Han strongly questioned on the weibo: Isn’t it possible to conceive a child without marrying a man? Can’t she use her own eggs? Can’t women independently exercise reproductive rights? What’s more, unmarried pregnant women won’t be given birth permission and their children can’t even register residence unless accepting the penalty of huge social cost of maintenance. Must fertility be bound to marrying a man? Even such a straight man like me cannot accept it.
  Egg freezing has instantly become a hot topic in the network and certainly the media also will not miss such a public hot spot that collects many stars’ comments. But Xu Jinglei, the protagonist of the event, paid no attention to the confusion. For the matter freezing eggs in the United States, she personally regards it as unimportant and her answer was also straightforward, “It’s really just to preserve a choice for me.” In an interview with the media, Xu said frankly, “I think that one of the most terrible things for people is having no choice. When I was 25 years old, I thought like this, but when I was 30, it turns, and then 35, it was also different. I am not particularly at ease about myself, because my mind has been changing at all time. Who knows if it was again in five years, I would like to give birth to a child. It’s really hard to say.”
  From the answer, it is not hard to find Xu’s reason to freeze the eggs. She just simply wants to retain her reproductive opportunities in the future in the premise of the existing state of life unchanged. Nowadays, egg freezing clinical technology can totally help her to achieve her desire to delay the birth. For people like her who has no clear plan to be pregnant, it is really emphasizing real “regret medicine”. However, can the female friends who would like to delay childbearing through egg freezing completely relieve from the worries behind by this “regret medicine”? Perhaps the pesticide effect of the medicine is not as perfect as we thought.   徐静蕾转发央视新闻的微博表示“有一种生物叫:#我国单身女性#”,疑对此项规定表示不满。随后,韩寒也转发了微博表示异议,称“生育必须要和找个男人结婚捆绑吗”?韩寒在微博上强烈质疑:“想要个孩子但就是不想跟男人结婚不可以吗?自己的卵子自己还不能用了吗?女性不能独立行使生育权利吗?还有,未婚女性怀孕,准生证都不给,孩子未来连户口都办不下来,除非认罚巨额社会抚养费。生育必须要和找个男人结婚捆绑吗?连我这个直男癌都看不下去了。”
  “冷冻卵子”瞬间成为了网络的热搜话题,各路媒体也当然不会放过这样一个汇集明星言论的舆论热点。但事件的主角徐静蕾却不理会这些纷纷扰扰。对于去美国冷冻卵子这件事,她个人看得很淡,她的回答也很直接:“真的就是给自己存一个选择,”在接受媒体采访时,徐静蕾坦言,“因为我觉得人最怕的事情就是没有选择。我25岁的时候觉得自己是这么想的,到30岁就变了,35岁又不一样了,我对自己不是特别放心,因为想法一直在变,谁知道再过五年是不是又特想要小孩儿了呢,真说不好。”
  从回答中,不难看出徐静蕾冷冻卵子的原因。她只是单纯的想在保持现有生活状态不变的前提下,保留自己在未来的生育机会。而如今冷冻卵子的临床技术也完全可以帮助她实现延后生育的愿望,对她这种对怀孕没有明确规划的人来说,还真是一味不折不扣的“后悔药”。但是那些想要通过冷冻卵子从而延迟生育的女性朋友们,真的可以通过这“后悔药”完全免去后顾之忧么?也许这味药的“药效”并没有想象中的那么完美。
  The Application of Egg Freezing Technology
  冻卵技术的应用
  The egg freezing technology which is called “the only regret medicine” in the world by Xu Jinglei has developed just about 30 years. In 1986, Australian scientists reported for the first that they conducted the first experimental study which successful brought about pregnancy through in vitro fertilization of frozen eggs. Since then, there are only over 200 children who were given birth through successful fertilization of recovered frozen eggs, which is even no more than 20 in China. Till the year 2004, China’s first baby bred by frozen eggs was just born in Jiangsu Province. From the initial slow freezing to today’s quick freezing, the protection degree of egg cells has been certainly improved. Even so, compared with the mature technology of sperm freezing and embryo freezing, egg freezing technology is far from mature.
  In news reports, the comments of Chinese media about egg freezing event display the characteristics of diversified content. Social ethics, laws, technological means, interviews on the parties and their like have become the specification of the media to report scramblingly. But most of the media are skeptical of the practices to retain reproductive rights by egg freezing or to delay childbearing by means of science and technology for some realistic demand. The titles and contents of the articles are filled with words like “unreliable”, “controversial” and “illegal” and so on.
  这项被徐静蕾称为世界上“唯一后悔药”的冻卵技术发展了只有大概30年左右的时间。1986年,澳大利亚科学家首次报告了用冷冻卵子进行体外受精并获成功妊娠的第一例实验研究。从那时起到现在,使用冷冻卵子解冻复苏后成功受精出生的孩子,全世界也只有200多名,在中国更是不足20例。到了2004年,中国首例采用冰冻卵子孕育的婴儿才在江苏诞生。从最初的慢速冷冻,到如今的快速冷冻,卵子细胞的受保护程度得到了一定的改善。即便如此,同技术成熟的精子冷冻和胚胎冷冻相比,卵子冷冻技术还远没有达到成熟的水平。
  在新闻报道中,中国媒体对于冷冻卵子事件的表态呈现出多元化的内容特点。社会伦理、法律、技术手段,以及当事人采访等,都成为媒体争相报道的切入点。但是对于通过冷冻卵子来保留生育权,或者从现实需求来讲,用科学技术手段来延迟生育的做法,多数媒体对此抱有质疑态度。“不靠谱”、“争议”、“违法”等字眼充斥了标题和文章内容。   Compared to the conservative attitude in China, international egg freezing institutions in some other countries have opened the door for single women.
  The United States is one of the most open and commercialized countries, where young women not only can freeze their eggs for later use, but also can even repay the debt by providing eggs. Related to the donor’s physical condition and the degree of education, the payment ranges from one thousand to ten thousand dollars. In big companies like Apple and Facebook, they even have started to reimburse the fees of egg freezing for female staff. Amony them Apple has a maximum amount of 20000 dollars. Apple says in one statement that they will further expand the welfare for the female staff members, including prolonged maternity leave and reimbursement for egg freezing.
  Some other developed countries are also very open to egg freezing technology. The Japanese government allows single women under the age of 40 to freeze eggs. In May 2013, Japan’s first egg library was built. Japanese reproductive medicine ethics committee announced that the application for egg freezing of single women under the age of 40 is allowed to submit. Britain has begun using egg freezing technology for more than 10 years, and it has extracted and frozen eggs about 16,000. Among the owners of the eggs, the proportion of young single ladies is rising year by year. In Britain, there are more than 70 medical institutions which have legal license. Spain supports women in egg freezing and at the same time there are related legal constraints, laws and regulations that all healthy women over 18 years old can use the assisted reproductive technology provided by legal institutions to donate or use the eggs in the library. The laws also provide that the related institutions should absolutely guarantee the donor’s personal privacy.
  相对于中国的保守态度,国际上有些国家的冻卵机构却已经对单身女性打开了大门。
  美国算是最开放和最商业化的国家,年轻女性不仅可以冷冻自己的卵子以备后用,甚至可以通过提供卵子,来偿还债务。报酬的多少与捐赠者的身体情况、受教育程度等相关,从千元到万元不等。甚至在苹果、facebook这样的大公司,也已经开始为女员工报销冷冻卵子的费用。其中苹果将给予最多高达2万美元的报销额。苹果在一份声明中表示:“我们将继续扩大公司女性员工的福利,包括延长产假及报销冷冻卵子费用等。”
  其他一些发达国家也对冻卵技术持开放态度。日本政府允许40岁以下单身女性冻卵。2013年5月,日本首个卵子库建成。日本生殖医学会伦理委员会宣布,允许40岁以下单身女性递交冷冻卵子的申请。英国冷冻卵子技术已经有10年以上的经验,所提取并冷冻的卵子大约有1.6万枚。在这些卵子的主人中,年轻单身女性所占的比重正在逐年上升。目前,英国共有超过70多家医疗机构持有合法执照。西班牙在支持女性进行冻卵的同时,也有相关法律的约束。法律规定,所有年满18岁的成年健康女性都可以使用合法机构提供的辅助生殖技术来捐赠或使用卵子库中的卵子。法律也规定相关机构要绝对保证捐赠者的个人隐私。
  The Potential Risks of Egg Freezing Technology
  冷冻卵子技术的潜在风险   Literally, egg freezing technology seems similar sperm freezing. However, in terms of acquiring, the technique of getting eggs is much more complicated than that of getting sperms. Although egg freezing technology has upgraded from laboratory stage to clinical application, University of Wisconsin announced the formation of the world’s first egg bank until 2008, which also proved the difficulty of this technology from the side (In early 1970s, the United States had established a sperm bank with improved technology). As it is complex and difficult to obtain, it also brings about potential health risks to the objects of the egg.
  Each step of egg freezing operation is likely to bring direct or indirect damage to the implemented object, among which side effects of the ovulation drugs come first.
  冷冻卵子技术从字面上理解,仿佛同冷冻精子异曲同工,然而从获取上来说,获得卵子的技术远比获得精子的技术复杂得多。虽然冷冻卵子技术已经从实验室阶段升级为临床应用,但直到2008年美国的威斯康辛大学才宣布成立全球第一个卵子库的事实,也从侧面应证了这一技术的困难程度(早在20世纪70年代,美国就已经建立起技术完善的精子库)。由于其复杂且难度颇高的获取方式也给供卵对象带来了潜在的健康风险。
  冷冻卵子手术的每一个步骤都有可能给实施对象带来直接或间接的伤害。首当其冲的便是排卵药物带来的副作用。
  Ovarian Hyper-Stimulation Syndrome (OHSS) is the women’s common symptom during the process of inducing ovulation by dugs. When being frozen, eggs which are more than normal ovulation number should be provided and the women who would like to preserve eggs through egg freezing technology have to mature the egg cells by ovulation injection, so there is the risk of developing OHSS high-risk signs. According to Human Reproduction Update published in Oxford Journal, the incidence of serious OHSS complications is 0.5% to 5%. Mild symptoms are abdominal distention, nausea, diarrhea or weight gain and what’s more serious, it may cause abdominal swelling, tachypnea, pleural effusion, cardiac arrest and even death.
  In addition, taking eggs from vagina with the guidance of B ultrasound belongs to the minimally invasive surgery. Therefore, it is possible to injure the uterus, urinary bladder, intestinal canal, blood vessel and other pelvic structures around ovary. If any mistake is made, it is likely to cause infection, sequentially lead to infertility.
  OHSS是女性通过药物诱发排卵过程中较为常见的症状。由于冷冻时需要提供多于正常排卵数量的卵子,希望通过卵子冷冻技术来保存卵子的女性不得不通过打排卵针的方式来促成卵细胞成熟,因此存在出现OHSS高危征象的风险。据刊登在牛津期刊上的《人类生殖学快讯》文章显示,OHSS严重并发症的发生率为0.5%-5%。轻度症状为腹胀、恶心、腹泻或者体重增加等,严重的有可能导致腹部肿胀、呼吸急促、胸膜积液、心跳中止,甚至死亡。
  另外,在B超引导下的阴道取卵属于微创手术,因此存在损伤子宫、膀胱、肠管、血管及其他卵巢周围的盆腔结构的可能性。如果出现失误,很可能会造成感染,从而导致不孕。
  Although the risks above are small probability events, once the serious accident happened, it will be an irreversible consequence. Even if they can get compensation by legal devices, the infertility and even fatal consequences caused by the accident can only be borne by themselves.   Apart from the risks to the parties concerned, successful freezing and resurrection of the eggs is also a chance event. Although modern egg freezing technology has been increasingly mature, the highest recovery rate of the frozen eggs is only 70% now. Qiao Jie, the president of Peking University Third Hospital, said in an interview, “Egg-freezing needs further study. As the oocyte is delicate and there is much water in its cells, when being frozen, ice crystals are easy to form inside, which may cause damages to the oocytes. It is why the technique is quite difficult. ” According to experts, what affect the probability of final pregnancy success also include the environment in mothers’ uterus and other factors. In the face of the expensive operation cost, people who want to freeze eggs should also be ready to face the 30% failure rate. And the success rate also has a very close relation to the egg quality which is why the experts don’t recommend women over 40 to freeze eggs.
  虽然上述风险都是小概率事件,但一旦严重的事故发生了,便是不可逆的后果。即便可以使用法律手段获得赔偿,但因为事故造成的不孕,甚至伤亡后果也只能是自己来承担。
  除了给当事人带来的风险外,卵子的成功冷冻和复苏也是几率事件。虽然现代卵子冷冻技术已经日趋成熟,但目前被冷冻卵子复苏率最高也只有70%左右。北京大学第三医院院长乔杰接受采访时表示:“卵母细胞冷冻需要更进一步去研究,因为卵母细胞本身比较娇气,在冷冻的时候,它的细胞里面含水比较多,所以容易形成冰晶,可能会对卵母细胞造成一些损害,所以这个技术是比较困难的。” 据专家表示,影响到最终妊娠成功概率的,还有妈妈的子宫内环境等因素。在面对不菲的手术费用的同时,冷冻卵子者还要做好面对那30%失败率的准备,而且成功率的高低与卵子的质量也有着十分密切的关系,这也正是为何专家不建议40岁以上女性冷冻卵子。
  The Family and Social Problems Caused by
  Delaying Childbearing
  女性延迟生育可能带来的家庭
  及社会问题
  The age of 25 to 35 is the best age for women to conceive and it is also the age stage with the most abundant professional and emotional life. Many single women at this age who would like to delay childbearing by freezing healthy eggs hope to dedicate themselves to professional and emotional life and be free from fertility problems in the “golden age”. With the increasing knowledge of childbearing, female know intimately what the risks of elder pregnant women. In order to avoid such risks, surrogate manpower is likely to be the best way for elder egg-freezing women to give birth. However, surrogacy is banned by law in China.
  Childbearing delay will bring many unpredictable social problems that it may create many illegal surrogate groups. Organizations or individuals that regard selling the fertility of uterus as the major way of benefiting may be flocking to emerge because of the huge demand of the market. As fertility is peculiar to women, women of certain ages are very likely to be the victims of wrongdoings. What’s more, the rights and interests of newborns given birth to by surrogate are not protected by law in China. After communicating with legal experts, the reporter found that there is actually a fairly complex social problem behind the contradiction of the limitation of egg freezing technology application and the single women’s reproductive rights. Taking the example of inheritance, as the definition of a deceased is not clearly limited the way of birth in China, an unnatural born citizen can also be inherited. For this reason, if the natural born party requires more heritage than the heir who was born by frozen egg, from the perspective of the evaluation of a natural person regarded by current laws, it will lead to disputes. However, even if everything runs following the legal norms of assistive technologies, some social ethical problems will also be brought about.   From the perspective of families, healthy and stable members are the units to build a family. Dozens of centuries, the age and generation of the family members can not only reflect their status hierarchy in the family, but show the prosperity of a family. But to freeze eggs for the purpose of extending fertility period is likely to cause great changes of age structure in family members in the future.
  25-35岁是女性怀孕的最佳年龄,同时也是职业和感情生活最丰富的年龄阶段。很多打算在这个年龄段通过冷冻健康卵子来延迟生育的单身女性,都希望在“黄金年龄”时可以全身心的投入到职业和感情生活中,免受生育问题的困扰。随着女性对于生育知识愈发的了解,大龄孕妇的风险也被熟知。为了避免这样的风险,人工代孕很可能会成为高龄冻卵女性所选择的最佳生育方式。然而代孕在中国是被法律所明令禁止的。
  延迟生育还会带来很多不可预知的社会问题,这可能会催生非法代孕群体。以出卖子宫生育能力为主要盈利方式的组织或个人,可能会因为市场的巨大需求而趋之若鹜。因为生育能力是女性特有的,特定年龄段的女性也极有可能成为不法行为的受害者。不仅如此,在中国通过代孕出生的新生儿,其权益不受法律保护。记者在同法律专家沟通时了解到,冷冻卵子技术应用的限制与中国单身女性生育权利相矛盾的背后,实际上是一个相当复杂的社会问题。以继承事件为例,由于中国对于被继承人的定义并未明确出生方式,因此非自然出生的公民也可以成为被继承对象。假如自然出生的一方因为这个问题要求比使用冷冻卵出生的继承人获得更多遗产,从现行法律对于自然人的评判来看,可能会引起纷争。但是,即便一切皆遵循辅助技术的法律规范来运行,也会带来一些社会伦理问题。
  从家庭的角度来讲,健康、稳定的成员是构建家庭的单元。几十个世纪以来,家族成员的年龄辈分不仅可以体现成员在家庭中的层级地位,还可以显示出家族的兴旺程度。但是以延长生育期限为目的而冷冻卵子,将来很有可能造成家庭成员年龄结构的巨大变化。
  In 2013, Southern People Weekly published an article entitled The Rebirth of a Mother Who Lost Her Only Child. In 2009, 60-year-old Sheng Hailin suffered from unbearable sadness after losing her only daughter. Hence, she decided to adventure the test-tube baby surgery hoping to comfort her deadly injured soul by “regeneration”. During pregnancy, Sheng Hailin experienced the dangers and tortures of hemorrhoea, overall pain, body dropsy and so on. On May 25, 2010, with the birth of the twin daughters “Zhi Zhi” and “Hui Hui”, Sheng broke the age limit of maternal birth to become China’s oldest delivery woman.
  The birth of daughters was a great happy event, which diluted the haze in Sheng Hailin’s heart. They look at the children growing up day by day happily, but age and physical strength has become a new problem troubled the old couple. Sheng Signed with mention, “my only concern is how long can I insist on”. Even young parents would feel tired in child caring, not to mention Sheng’s family with such a huge age difference. A few years later, the couple would reach the age of retirement. Then where does the high cost of child-rearing come from? Originally without the twin daughters, the old couple’s life can be very rich. Now for their livelihood, the old couple who are more than 60 years old have to start work again to support the family. Exhausted, tired and toiling, how many years do the Sheng and her husband who should have enjoyed family happiness have to work to make the future for their children have no trouble back at home? Time and tide wait for no man. Another more serious problem has followed by: how long can the couple take care of their children?   Imagine if more and more women choose egg freezing to keep their reproductive rights, family like Sheng Hailin’s won’t be alone. The one-child policy has led to the emergence of many families that lost the only child. Then will the widespread application of egg freezing technology lead to more children orphaned in the future? Bearing means responsibility. Childbearing delay can be solved by technical means, but the parenting of parents cannot be substituted for by any other channels. Maybe in the future, the issues of childrearing need to think about more than those of reproductive rights.
  2013年,南方人物周刊曾经刊登过一篇题为《失独重生记》的文章。2009年,年已60的盛海琳在失去独生女儿之后悲伤难耐,于是决定冒险进行了试管婴儿手术,希望通过“再生”来抚慰受到重创的心灵。怀孕期间,盛海琳经历了大出血、浑身疼痛和身体浮肿等危险和痛苦折磨。2010年5月25日,随着双胞胎女儿“智智”和“慧慧”的诞生,盛海琳打破了中国产妇的生育年龄极限,成为了中国最高龄的产妇。
  女儿的降临固然是极大的喜事,这冲淡了盛海琳心中的阴霾。看着孩子们一天天长大,欣喜之余,年龄和体力成为了新的问题开始困扰老两口。盛海琳感慨:“唯一担心的是自己还能坚持多久。”年轻的父母在照顾孩子时,尚且会感到疲劳,更不要说年龄差如此巨大的盛海琳一家。过不了几年,夫妻二人就到了退休的年龄,而如今育儿的高昂费用又要从何而来?原本没有双胞胎女儿前,老两口生活可以很富足,如今已入平头之年的二老为了生计又不得不重新开始工作,挣钱养家。疲惫、劳累、奔波,本该享受天伦之乐的盛海琳夫妇还要工作几年才能让孩子们的未来无后顾之忧?时间不等人,随之而来的还有另外一个更严肃的问题:夫妻二人还能照顾孩子多久?
  不妨设想一下,如果越来越多的女性选择冷冻卵子的方式来保留自己的生育权,那么像盛海琳这样的家庭恐怕不会成为个例。曾经的独生子女政策导致了众多失独家庭的出现,那么冷冻卵子技术的大面积应用会不会让更多孩子在将来成为孤儿?生育意味着责任,延迟生育是可以通过技术手段得以解决的,但父母对于孩子的养育是无法通过其它途径来代替的。也许在将来,孩子的抚养问题比生育权力问题更需要思考。
  Freezing eggs in the United States belongs to personal incident of Xu Jinglei which does not involve the argument whether it violates women’s reproductive rights or not. However, after the institutional explanation of the official media, it raised people’s debate about reproductive rights and the height of the topic even rose to feminism for a time. The voices of the celebrities on the Internet are mostly backed Xu Jinglei, supporting her actions and thoughts. It is understandable that the netizens have different voices but it’s quite exaggerated to raise the female reproductive rights to woman’s rights. That is because the netizens are not satisfied with the restrictions of single women’s reproductive rights in present system of our country. Literally, the provisions of forbidding Chinese single women to freeze eggs in “Regulations for the Management of Human Assisted Reproductive Technology” issued by the Ministry of Health in 2001 go against the inherent reproductive rights of women, but the national conditions at that time can never be neglected when we discuss this problem.
  At the initial time of setting the system, China was facing the impact of high fertility when unmarried pregnancy was concerned a violation of public policy and risqué, and technology is also far from developed as today. From this point, the limitation of current system is also understandable. Even now, egg freezing technology is regarded as a kind of auxiliary treatment in most countries of the world. It remains the possibility of fertility for people with fertility problems and reproductive system function damage caused by chemotherapy. According to the survey, very few countries (only four countries, the United States, British, Japan and Spain) allow single women to implement egg freezing operation for the purpose of extending fertility period. The reason why egg freezing technology is not promoted all over the world is that every country has its own unique national condition and culture.   Can egg freezing for single women in China to retain reproductive rights be legalized in the future? Maybe this time the event that Xu Jinglei froze her eggs in the United States will be a turning point to further perfect the regulations for the use of artificial assisted reproductive technology in China. After all, any policy should keep pace with the time and the regulations that have not adapt to the development of the time should be timely adjusted. In the future, the application of the single women egg freezing technology may experience some twists and turns, but it may be like the legalized course of homosexuality in the European and American countries that after a period with growing pains, further legislative games will unaffectedly make it more formal. At the same time, along with the transition of ideas, egg freezing will have new understandings on the matter. By that time, people’s concerns may be no longer the application but they will weigh the pros and cons. At that time, the contents of their discussion are more meaningful. However, the current noises are just people’s hunger for their own rights.
  徐静蕾前往美国冷冻卵子,属于个人事件,不涉及是否侵害女性生育权的问题,但通过官方媒体的制度解读,引发了人们对于生育权的争论。话题的高度甚至一度上升为女权主义。众名人在网络上的发声大都力挺徐静蕾,支持她的行为和想法。网友有不同的声音是可以理解的,但将女性生育权上升到女权还是有些夸张。究其原因,是网友对于现行制度对中国单身女性生育权限制的不满。表面上看,2001年卫生部《人类辅助生殖技术管理办法》中对于中国单身女性不可以随意“冻卵”的规定有悖于女性与生俱来的生育权,但我们在讨论这个问题时,绝不可忽视当时的国情。
  制度制定之初,中国正面临着高生育率的冲击,未婚先孕还被视为违背良俗、有伤风化,技术上也远远没有现在这么发达。从这一点来讲,现行制度存在局限性也是可以理解的。时至今日,世界上多数国家也只是将冷冻卵子技术作为一种辅助治疗措施,为有生育障碍和因化疗引发生殖系统功能损害的人群保留生育的可能性。据调查,允许单身女性以延长生育期限为目的而实施卵子冷冻手术的国家非常少,只有美国、英国、日本和西班牙四个国家。冷冻卵子的技术之所以没有在全球范围内推广,也是因为受到各个国家国情和文化的不同所影响。
  对于中国单身女性通过冷冻卵子保留生育权这样一个行为,将来能否被合法化?也许这次徐静蕾赴美冷冻卵子的事件可以成为一个契机,来进一步完善中国对于人工辅助生殖技术的使用规定,毕竟任何政策都要与时俱进,那些已经不适应当今时代发展的规定应该得到及时的调整。将来,单身女性冷冻卵子技术的应用可能会经历一番波折,但也许会像同性恋在欧美国家的合法历程一样,经历过一段阵痛期后,更深入的立法博弈自然会让这件事更加规范。同时,随着观念的转变,人们对冷冻卵子这件事也会有新的认识。到那时,人们的关注点或许就已经不再是能否使用,而是利弊的权衡。在彼时,人们讨论的内容才更有意义。而此时的喧嚣也只是对于自身权益的渴望罢了。
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