婚育基因检测相关法律问题实证分析

Empirical Research of the Legal Problems of Pre-martial Genetic Testing

二胎时代下,产妇高危频发、传统孕检漏检率高等使缺陷儿出生率陡增。同时,也催生了以高精度、高安全性、高效著称的婚育基因检测。但通过司法裁判数据、调查问卷、专人访谈等实证研究,发现其存在缺陷:基因检测信息性质不明、结果解读失实、被检测人权利边界模糊、检测人员无资质或告知义务履行有瑕疵等。为扫清婚育基因检测发展障碍,可通过建立身份认证云端系统、完善执业资质及明确告知的内容、完善社会保障系统、出台专门法律等方式来缓解这些问题,提高新生儿质量,稳定家庭与社会关系,促进科技发展。

Since the implement of two children policy,the birth rate of defective babies increases sharply because of the frequent high risk of maternal and the high rate of missed detection of traditional pregnancy testing.At the same time,it has also led to the emergence of a pre-martial genetic testing with high-precision,high-security and efficiency.However,through empirical researches including judicial judgments,questionnaires and interviews,the authors claim there are some defects of pre-martial genetic testing,which include unclear nature of genetic testing information,inaccurate interpretation of the results,ambiguous boundary of the rights of the detected persons,lack of qualifications or flaws in fulfilling the obligation to inform,etc.In order to clear up the obstacles to the development of pre-martial genetic testing,we can alleviate these problems by establishing a cloud system of identity authentication,improving the qualifications of practitioners and specifying the contents of notification,improving the social security system and promulgating special laws,so as to improve the quality of newborns,stabilize family and social relations and promote the development of science and technology.