中华人民共和国母婴保健法

Law of the People's Republic of China on Maternal and Infant Health Care

１９９４年１０月２７日第八届全国人民代表大会常务委员会第十次会议通过。

(Adopted at the Tenth Meeting of the Standing Committee of the Eighth National People's Congress on October 27, 1994)

第一章  总  则

Chapter I General Provisions

第一条  为了保障母亲和婴儿健康，提高出生人口素质，根据宪法，制定本法。

Article 1 This Law is formulated in accordance with the Constitution with a view to ensuring the health of mothers and infants and improving the quality of the newborn population.

第二条  国家发展母婴保健事业，提供必要条件和物质帮助，使母亲和婴儿获得医疗保健服务。

Article 2 The State shall develop the maternal and infant health care undertakings and provide necessary conditions and material aids so as to ensure that mothers and infants receive medical and health care services.

国家对边远贫困地区的母婴保健事业给予扶持。

The State shall support and assist the maternal and infant health care undertakings in outlying and poverty-stricken areas.

第三条  各级人民政府领导母婴保健工作。

Article 3 People's governments at various levels shall exercise leadership in the work of maternal and infant health care.

母婴保健事业应当纳入国民经济和社会发展计划。

The undertakings of maternal and infant health care shall be included in the plans for national economic and social development.

第四条  国务院卫生行政部门主管全国母婴保健工作，根据不同地区情况提出分级分类指导原则，并对全国母婴保健工作实施监督管理。

Article 4 The administrative department of public health under the State Council shall be in charge of the work of maternal and infant health care throughout the country, put forth the guiding principles for the work in different areas and at different administrative levels in light of their specific conditions, and exercise supervision and management of the nationwide work of maternal and infant health care.

国务院其他有关部门在各自职责范围内，配合卫生行政部门做好母婴保健工作。

Other relevant departments under the State Council shall, within the scope of their respective functions and duties, cooperate with the administrative department of public health to make a success of the work of maternal and infant health care.

第五条  国家鼓励、支持母婴保健领域的教育和科学研究，推广先进、实用的母婴保健技术，普及母婴保健科学知识。

Article 5 The State shall encourage and support education and scientific research in the field of maternal and infant health care, popularize the advanced and practical technique for maternal and infant health care and disseminate the scientific knowledge in this field.

第六条  对在母婴保健工作中做出显著成绩和在母婴保健科学研究中取得显著成果的组织和个人，应当给予奖励。

Article 6 Awards shall be granted to organizations and individuals that have made remarkable achievements in the work of maternal and infant health care or achieved significant results in scientific research of maternal and infant health care.

第二章  婚前保健

Chapter II Pre-marital Health Care

第七条  医疗保健机构应当为公民提供婚前保健服务。

Article 7 Medical and health institutions shall provide citizens with pre-marital health-care services.

婚前保健服务包括下列内容：

Pre-marital health-care services shall include the following:

（一）婚前卫生指导：关于性卫生知识、生育知识和遗传病知识的教育；

(1) pre-marital health instruction: education in sex, human reproduction and genetic diseases;

（二）婚前卫生咨询：对有关婚配、生育保健等问题提供医学意见；

(2) pre-marital health consultation: medical advice on matters relating to marriage and child-bearing, etc.; and

（三）婚前医学检查：对准备结婚的男女双方可能患影响结婚和生育的疾病进行医学检查。

(3) pre-marital medical examination: medical examination conducted for both the male and female planning to be married to see whether they suffer from any disease that may have an adverse effect on marriage and child-bearing.

第八条  婚前医学检查包括对下列疾病的检查：

Article 8 Pre-marital medical examination shall include the examination of the following diseases:

（一）严重遗传性疾病；

(1) genetic diseases of a serious nature;

（二）指定传染病；

(2) target infectious diseases; and

（三）有关精神病。

(3) relevant mental diseases.

经婚前医学检查，医疗保健机构应当出具婚前医学检查证明。

After pre-marital medical examination, the medical and health institution shall issue a certificate of pre-marital medical examination.

第九条  经婚前医学检查，对患指定传染病在传染期内或者有关精神病在发病期内的，医师应当提出医学意见；准备结婚的男女双方应当暂缓结婚。

Article 9 Physicians shall, after pre-marital medical examination, give medical advice to those who are in the infective period of any target infectious disease or who are in the morbid period of any re-levant mental disease; both the male and female planning to be married shall postpone their marriage for the time being.

第十条  经婚前医学检查，对诊断患医学上认为不宜生育的严重遗传性疾病的，医师应当向男女双方说明情况，提出医学意见；经男女双方同意，采取长效避孕措施或者施行结扎手术后不生育的，可以结婚。但《中华人民共和国婚姻法》规定禁止结婚的除外。

Article 10 After pre-marital medical examination, physicians shall, in respect of the male or female who has been diagnosed with certain genetic disease of a serious nature which is considered to be inappropriate for child-bearing from a medical point of view, explain the situations and give medical advice to both the male and the female; those who, with the consent of both the male and the female, after taking long-term contraceptive measures or performance of ligation operations, are unable to bear children may get married. However, the circumstances under which marriage may not be contracted under the Marriage Law of the People's Republic of China

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