How will the act of forcing a pregnant person to remove a fetus for reasons of sex selection be fine

Legal situation: My husband and I had a daughter, but my husband and his family always asked for and wanted a son to continue the family line. I am currently pregnant with a second child and my mother-in-law constantly asks me to take early diagnostic measures to choose the sex of the fetus, putting pressure and threatening me with having to abort the fetus if it is not a boy. Could you please tell me that are the above acts ilegal and how will they be handled?

Answer:

Thank you for sending your question to FDVN Law Firm (FDVN). For your consultation requests, after studying the relevant legal regulations, FDVN has some discussions as follows:

First of all, on general regulations, acts of sex selection of fetuses in all forms are strictly prohibited according to the provisions of Clause 2, Article 7 of the Ordinance of the Standing Committee of the National Assembly No. 06/2003/PL-UBTVQH11 dated January 9, 2003 on population. These prohibited acts of sexual selection are specified in Article 10 of Decree No. 104/2003/ND-CP, including:

“1. Propagating, disseminating methods of fetus gender creation in forms of organized talks, writings, translation, photocopying of books, newspapers, documents, pictures, photos, recorded videos, recorded audio tapes; storing, circulating documents, means and other forms of propagation and dissemination of fetus gender creation methods.

2. Diagnosing to select fetus gender by methods of determination thereof via symptoms, pulse feeling; blood, gene, amniotic fluid, cell tests; ultrasonics,...

3. Getting rid of fetuses for the reason of gender selection by methods of abortion, supply and use of assorted chemicals, drugs and other measures.”

Thus, the diagnosis of gender selection and the removal of the fetus due to gender selection are strictly prohibited, the punishment of specific acts in your case is prescribed as follows:

Firstly, for violations of regulations on diagnosis and determination of fetal sex, Article 98 of the Government's Decree No. 117/2020/ND-CP dated September 28, 2020 stipulates as follows:

"Article 98. Violations against regulations on fetal sex diagnosis and determination

1. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for determining fetal sex by means of fortune-telling.

2. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for checking the pulse, giving ultrasound scan or performing tests for pregnant women for diagnosing and revealing/providing information on fetal sex, unless otherwise prescribed by law.

3. Additional penalty:

The license for medical operations and/or practicing certificate shall be suspended for a fixed period of 01 - 03 months in case of commission of the violation in Clause 2 of this Article."

Secondly, regarding the act of aborting a fetus, threatening to use force or mental intimidation to force a pregnant person to abort a fetus due to gender selection, Article 100 of Decree No. 117/2020/ND-CP stipulates as follows:

"Article 100. Sex-selective abortion

1. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for voluntarily deciding to have an abortion because of the predicted sex of the infant.

2. A fine ranging from VND 5.000.000 to VND 7.000.000 shall be imposed for persuading or inciting a pregnant woman to have an abortion because of the predicted sex of the infant.

3. A fine ranging from VND 7.000.000 to VND 10.000.000 shall be imposed for threatening to use violence or mentally intimidating a pregnant woman into an abortion because of the predicted sex of the infant.

4. A fine ranging from VND 10.000.000 to VND 12.000.000 shall be imposed for using violence to force a pregnant woman to have an abortion because of the predicted sex of the infant.

5. A fine ranging from VND 12.000.000 to VND 15.000.000 shall be imposed for commission of one of the following violations:

a) Providing chemicals and drugs for aborting the pregnancy in the knowledge that the abortion is sex-selective;

b) Prescribing for or instructing the use of chemicals and drugs or other measures for aborting the pregnancy in the knowledge that the abortion is sex-selective.

6. A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed for performing an abortion in the knowledge that the abortion is sex-selective.

7. Additional penalties:

a) The license for medical operations and/or practicing certificate shall be suspended for a fixed period of 03 - 06 months in case of commission of the violation in Clause 5 of this Article;

b) The license for medical operations and/or practicing certificate shall be suspended for a fixed period of 06 - 12 months in case of commission of the violation in Clause 6 of this Article;

c) The certificate of eligibility for pharmacy business or operations of the violating non-commercial pharmacy business establishment shall be suspended for a fixed period of 01 – 03 months in case of commission of the violation in Point a Clause 5 of this Article."

Above is the advice of FDVN regarding your request for advice on the basis of studying legal regulations. Hopefully, the advice of FDVN will be useful to you.

Dang Vu Duc – FDVN Law Firm.

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