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Artificial Reproduction Act
Chapter I General Provisions
- The first is the development of artificial reproduction of sound, to protect infertile couples, children, and the interests of the donor of artificial reproduction, maintaining ethical and health of citizens, especially the development of this Law.
- The second article of this law terms are defined as follows:
- An artificial reproduction: reproductive medicine refers to assistance to non-sexual way to achieve the technology of artificial conception fertility purposes.
- Second, the germ cells: refers sperm or egg.
- Third, by the surgeon couples: husband and wife to accept artificial means of reproduction, and the wife who can nurture their produce fetal uterus.
- Four embryos: that cleavage eight weeks for less than 5 persons.
- Five donors: refers to sperm or eggs to provide free surgery by a couple who gave birth to the production of the fetus.
- Six, asexual reproduction: refers to a non-binding sperm and eggs through the, and the use of a single body to produce offspring of cell culture techniques.
- Seven sperm exchanged: that two couples agreed to by the surgeon to husband''s sperm and egg either the wife of the other party combine to make the situation become pregnant wife of the parties.
- Eight, artificial reproduction institution: that was implemented by the competent authority of the artificial reproduction of medical institutions and public service corporation related business.
- Article competent authority of this Act for the Department of Health.
- The fourth set of the relevant competent authority invited scholars and experts and representatives of civil society, as appropriate, social ethics, the development of medicine and public health of the maintenance, the establishment of the Advisory Committee, the situation is the implementation of regular seminars Law. The number of female members of the members of the Committee shall not be less than in the preceding paragraph the number of half of all members.
- Article V to remove the husband''s sperm implanted in the body of the wife spousal implementation of artificial reproduction, in addition to the provisions of Article XVI punishment and a violation of the third paragraph, the provisions of this Act shall not apply.
- Article 6 of medical institutions should apply the competent authority, the implementation of artificial reproduction may only accept donations of germ cells, stored or provided behavior.
After the public service corporation should apply the competent authority, before it may accept the donation of sperm, stored or provided behavior.
Validity period of the preceding two paragraphs license for three years; the expiry of the actors still want to continue to implement the preceding paragraph shall be three months before the expiry of the license application; the conditions of their permit application, application procedures and other measures compliance matters, by the competent authority prescribed. - Article 7 Before artificial reproduction institution in the implementation of artificial reproductive germ cells or accept donations should be made by patients or donated human couples following the examination and assessment:
- First, the general mental and physical condition.
- Second, family history of diseases, including himself, four pro record of genetic diseases, such as within the blood.
- Third, impede the reproductive health of genetic disorders or infectious diseases.
- Fourth, other matters by the competent authority of the announcement.
- Inspection and assessment of the preceding paragraph shall make a record.
- Article VIII of donors who meet the following circumstances, artificial reproduction institution may only accept donations germ cells:
- One male two years old or more, less than five years old; females over two years old, less than four years old.
- Second, through the implementation of the inspection and evaluation of the results of the preceding Article for donations.
- Third, free way to donate.
- Fourth, never donated or had donated without live births and not stored.
- By patients couples competent authority within a given amount of money or value, was appointed agencies to provide these payments please artificial reproduction or supplements to the donor, or the burden of checking it necessary, medical, lost work time and transportation costs. Subparagraph 4 of the given situation, artificial reproduction institution competent authority shall check, before the nuclear complex and may not be used.
- Article IX of artificial reproductive germ cells agencies accept donations, donors should explain the relevant rights and obligations, obtain their understanding and written consent of the shipowner.
Artificial reproductive institutions receive donations from germ cells and should be produced and contain the following:- First, the name of the donor, the live (residence) of the National ID card number or passport number, date of birth, height, weight, blood type, skin color, hair color and race.
- Second, donated items, quantity and date.
- Article X of the artificial reproduction of the same organization donating the germ cells, while not providing the above two couples use by patients, and to provide by the surgeon after a couple of successful pregnancy, should immediately stop providing use; as soon as the couple completed by patients live births, should be handled in accordance with Article 21 of that.
- Article XI couples who meet the following circumstances, medical institutions may only their artificial reproduction:
- One, the implementation of the inspection and evaluation of the results in accordance with Article VII, suitability for artificial reproduction.
- Second, the spouse was diagnosed suffering from infertility, or suffering from the competent authority of the announcement of major genetic diseases through natural fertility significantly abnormal child''s birth in danger.
- Third, at least one of the couple has a healthy germ cells, are not subject others to donate sperm or eggs.
- Couples paragraph no circumstances preceding paragraph, and a medical justification who was reported after the approval of the competent authority, the implementation of artificial reproduction.
- Article XII of the implementation of artificial reproduction of medical institutions, the couple should be explained by the need for artificial reproduction technique, the modus operandi, the success rate, complications can occur, the hazards and other possible alternative treatments, made by patients and their understanding of the couple mutual written consent before they may engage.
Medical institutions to implement the pre-artificial reproduction, for the couple to accept others to donate the sperm way implementers, and should obtain the written consent of the couple; to accept the donation of the egg by others, and should obtain the written consent of the witch , Had to do it. The written consent of the preceding paragraph shall be notarized by the notary public. - Implementation of artificial reproduction medical institutions shall be subject to the requirements of patients couple, who donated the use of a particular germ cells; germ cell donations, donors may not be required for a specific operation of the affected couples.
Medical institutions should provide the donor's race, color and blood type information for the husband and wife for reference. - Implementation of Article XIV of artificial reproductive medical institutions should make a record, and specify the following items:
- First, the name of art by the husband and wife to live (residence) of the National ID card number or passport number, date of birth, height, weight, blood type, skin color and hair color.
- Second, the donors of the national identity card number or passport number and medical records of the number of medical institutions.
- Third, the case of artificial reproductive treatments. Medical institutions, according to the couple by patients medical records when requested copies of the preceding paragraph, the second paragraph of the preceding paragraph shall contain the information.
- Article XV of artificial reproduction sperm donation, not as a combination of sperm and egg between the following relatives:
- First, the lineal.
- Second, the immediate in-laws.
- Collateral three, four pro-within-the blood. Applicants kinship verification in the preceding paragraph, the authority responsible, verification methods, content items, verification procedures, and other matters to be complied with by the competent authority separately together with the central competent authority of the household. Has first verified in accordance with the provisions of the preceding paragraph approach, because data errors or omissions, caused by violation of the first paragraph, do not apply the provisions of Article 30.
- Article XVI implementation of artificial reproduction, may not be the case or manner of whom the following paragraphs:
- First, the use of germ cells or embryos specifically for research purposes of.
- Second, to whom asexual way.
- Third, choose the embryo sex. But the genetic causes of diseases, unless.
- Fourth, give each egg.
- Fifth, the use of more than seven nurture embryos.
- Six, each time more than five embryos implanted.
- Seven mixed semen.
- Eight, the use of germ cells enter foreign donations.
- Implementation of Article XVII of artificial reproductive medical institutions belong to human trials, should be handled in accordance with relevant provisions of the health care law.
- Article XVIII by patients at medical institutions wife pregnant, should be recommended for routine prenatal care and, as it is recommended by the surgeon''s wife accepted the need prenatal genetic diagnosis.
- Article XIX germ cells after donation, the donor shall request the return. But after donating, physician-diagnosed or prove fertile dysfunction, may request the return without the destruction of the germ cells.
- Article XX of artificial reproductive germ cells agencies accepting donations, donated by the former personnel have the written consent of the other artificial reproductive donation agency for the implementation of artificial reproduction.
- Article XXI of germ cells donated by one of the following circumstances, artificial reproduction institution should be destroyed:
- First, the couple provided by the surgeon to complete a live birth.
- Second, save more than a decade.
- Third, the donor was found unsuitable for use of artificial reproduction.
- By the surgeon for the implementation of embryonic artificial reproductive couples formed, there are the following circumstances, artificial reproduction institution shall be destroyed:
One, by husband and wife marriage invalid, revocation, divorce or one death. - Second, save more than a decade.
- Third, by the surgeon husband to abandon the artificial reproduction. Artificial reproductive institutions out of business, they save the germ cells or embryos should be destroyed. But by the written consent of the donor, they donated the germ cells, have other artificial reproductive donation agencies; germ cells or embryos by couples of surgery, patients undergo written consent of the couple, was transferred to other institutions to continue to save the artificial reproduction. Germ cells and embryos must be destroyed the first four, the donor or the couple agreed to in writing by the surgeon, and approved by the Competent Authority, may offer its research.
- In accordance with Article 22 of this Law donation of germ cells, embryonic germ cells affected by the surgeon and the formation of the couple husband and wife operation for the implementation of artificial reproduction, artificial reproduction institution shall for purposes other than artificial reproduction. But provides case studies used in accordance with the provisions of the preceding article, the fifth, unless.
- Article 23 of the wife in the marital relationship continues to exist, and by the consent of her husband, sperm donor conception of children born with others, regarded as legitimate children. Situation in the preceding paragraph, the husband can prove its consent by fraud or duress Department who was in to see that the complaint filed within six months after denying termination was fraud or coercion. But by the Trickster, the date of birth of the child since three years, can not do this. 1067th Civil Code stipulates that in the case of this section shall not apply
- Article 24 of the wife in the marital relationship continues to exist, and agrees with her husband''s sperm and egg donation of conception of children born to others, regarded as legitimate children. Situation in the preceding paragraph, the wife can prove its consent by fraud or duress Department who was in to see that the complaint filed within six months after denying termination was fraud or coercion. But by the Trickster, the date of birth of the child since three years, can not do this.
- Article 25 become pregnant wife, as to see that marriage revoked, annulled the case, the birth of children born, regarded as a legitimate child of the couple by the surgeon.
- Article 26 Paragraph 2 of Article VII, Article IX of the second, Article 14, Paragraph 1 of the set of records should be in accordance with the provisions of law relating to the medical records of production and preservation.
- Article 27 of the artificial reproduction institution shall notify the competent authorities the following information by the competent authorities to establish artificial reproduction of database management:
- First, in accordance with the first paragraph of Article VII of the inspection and assessment of the implementation.
- Second, according to Article 9 provides that the donation person.
- Third, in accordance with the provisions of Article 12, paragraph artificial reproduction.
- Fourth, according to the fourth item of Article 21 provisions whom destroyed.
- Five year degree should take the initiative by the surgeon informed people, the success rate of infertility causes and artificial reproductive technologies such as the adoption of the relevant issues. The competent authority shall regularly publish such information. Notification period in the preceding paragraph, content, format, processes and other measures to comply shall be prescribed by the competent authority.
- Implementation of Article 28 of artificial reproduction institution artificial reproduction, accept donations of germ cells, stored or provided, shall designate a person responsible for notification of events in the preceding article.
- Article 29 The children of artificial insemination, or their legal representatives, in case of the following circumstances, to the competent authority for the query:
- First, the marriage has breached the provisions of the Civil Code Article 183 第九 danger.
- Second, is there adoptee breach of the provisions of the Civil Code 1070th one of three risk.
- Third, in violation of other laws and regulations regarding the danger of limiting the scope of the provisions of certain relatives. The scope of the query in the preceding paragraph, the query process, content, and other ways to comply shall be prescribed by the competent authority.
- Article 30 in violation of Articles 15, paragraph 1 or 2 of Article 16 provisions, at its perpetrator to five years imprisonment, and a NT $ 1.5 million fine.
- Article 31 of the exploiter, in germ cells, the embryo of the sale or middleman who term imprisonment, criminal detention or Branch or Branch NT $ 200,000 and not more than one million yuan fine. Crime in the preceding paragraph, the confiscation of property income; if all or part of the time can not be confiscated, Zhuizheng its amount or value of its property compensation.
- Article 32 violation of article 10, Article 13, Article XVI or one who, at NT $ 200,000 or more of the following provisions of the third paragraph to Diba Kuan fined one million yuan .
- Article 33 violation of article 6 of the first term, the second term, Article 8, Paragraph 1 or Article XI who, at NT $ 100,000 shall be fined not more than 500,000 yuan.
- Article 34 violation of Article 7, Article VIII of the third, Article 9, Article 12, 20, 21, 22 or section twenty-seven first paragraphs of one who, at NT $ 30,000 more than fifteen million or less fines. Violation of Article 21 to the fourth term of the provisions, 除依 the preceding paragraph shall be punished, and was ordered deadline for its improvement; overdue improvements by the continuous aggravating.
- Article 35 violation of article 6 of the first term and the second term, Article 8, Article 10, Article 11, Article 15 or Article XVI, their behavior, MD, and Act in accordance with physician disciplinary shift pay.
- Article 36 of fraud or coercion for the consent of the way people in Article 23 or Article 24, first paragraph, three years imprisonment. Instigator penalty in the preceding paragraph and to help make it. Offense, guilty of two paragraphs ago, the confiscation of the proceeds of property; if all or part of the time can not be confiscated, Zhuizheng its amount or value of its property compensation. Sin of this section shall be Antragsdelikt.
- Article 37 of artificial reproductive mechanism of the following circumstances, the competent authority may repeal Article first term, the second term of the license:
- First, in accordance with Article 32 shall be punished.
- Second, the person in charge of medical institutions, servants or other practitioners Article 30 of the crime, the sentence is determined. Artificial reproduction institution in violation of Article 8, Paragraph 1, and the third, 11, 20, 21 the fifth or the provisions of Article 22, Article 33 除依, Article 34 shall be punished, the competent authority may limit its stops at a certain period of implementation of artificial reproduction, accept donations of germ cells, stored or available. Artificial reproduction organization under license in accordance with the first paragraph repealed disposition, since two years from the date of revocation shall not be re-entry in accordance with Article 6 by the second subparagraph apply for permission.
- Article 38 of the Act set fines, penalties by the municipality or county (city) government''s.
- Before the implementation of Article 39 of this Law by the competent authority pursuant to assisted reproduction technology management approach approved in artificial reproduction of medical institutions, from the date of implementation of this Law shall, within six months, apply for licenses under this Act; th period not or unauthorized application, shall not engage in artificial reproduction; it has violators shall be punished in accordance with Article 33.
- Article 40 of this Law the date of promulgation.
