China's legislature is unlikely to criminalize selective abortion of female
fetuses as lawmakers are sharply divided over the issue and have deleted the
provision from a draft legal amendment.
The first two versions of bills reviewed by the Standing Committee of the
National People's Congress provided fines and prison terms up to three years for
anyone involved in gender identification of embryos for non-medical purposes.
But in a third version that will be voted on Thursday, lawmakers removed the
stipulation because, they said, "many controversies remain."
Some lawmakers and the National Population and Family Planning Commission
argued that the rising imbalance in the sex ratio among newborns is a
complicated issue calling for a combination of solutions, and putting it into
criminal law would simply drive potential offenders underground.
There are now 119 boys born in China for every 100 girls, much higher than
the global ratio of 103 to 107 boys for every 100 girls.
Some lawmakers and legal experts attributed the gender imbalance to
entrenched beliefs among a large segment of the population that boys are more
valuable then girls, especially when parents reach old age and need support, and
argued that such concepts can't be changed by legal means.
These lawmakers believe a pregnant woman has the right to know the sex of the
fetus she's carrying and that an ultrasound test does not necessarily lead to
abortion.
They also argued that it would be difficult to prove that a fetus had been
aborted solely because of its gender.