Study Of Artificial Reproductive Legal Issues

As an important method of curing infertility in modern times, Assisted Reproduction is of important remedy for traditional and natural reproduction. While it challenges traditional ethics, Assisted Reproduction also puts forward challenges to nowadays legal system. This article makes a deep research on the following questions, that is, its theoretical basis, its legal relations, legal status of children, and the legitimacy of surrogate mother and the control of clone research in comparative methodology. At last, I put forward my legislation proposition on the basis of shortcomings of our present legislation on reproduction and by the reference of legislation experiences in foreign countries. The article includes eight chapters: Chapter I : An Introduction to Artificial ReproductionI reviewed the first application, its development and the application of Assisted Reproduction in past decades. The high recognition and wide application not in China but in abroad indicated an even brighter future. According to the technology feature and different acceptance by the society, there were four types of AR, i.e. artificial insemination (AI), In Vitro Fertilization (IVF), surrogate mother and clone. I made an independent study on clone in addition, as it was featured as giving into birth by somatic cell nuclear transfer. Since infertile spouses could have their babies according to AR, it was meaningful to the society. However, it would always be a medical action, embodies the spirit of helping each other, and brought such problems as whether it should be promised. The dissertation was to probe into it in aspects of ethics and constitution. Then I concluded that it was morally undoubted and should be stipulated in law considering the realization of the most benefit to human beings. Chapter II: Basis of Theory on ARI discuss the basic of theory on AR from ethics and theory of law, AR is helpful to stimulate happy marriage and happy family. It has proved that AR has not heredity shortcomings. It is beneficial to realize the final goal—the largest happiness of most people. Freedom of reproduction is a basic human right, it has been existed before the existence of Constitution, and so it should be protected by Constitution. The intention of reproduction freedom determines its scope of protection. I think the kernel of reproduction freedom is to...