Study On Private Adjustment Mechanism Of Human Assisted Reproduction

The use of human assisted reproductive technology brings hope to infertility and eugenics. With the strategic significance of social development, it has ushered a new era of human society. Yet this technology has, on the same time, broken the natural reproductive law back to millions of years and brought a series of ethical crises and legal problems. The researcher studies major legal problems on human assisted reproduction. The multidisciplinary methodological considerations include comparative law, empirical analysis and legal interpretation. The researcher begins with the assisted reproduction contract on the common problems and then the concrete ones-preimplantation genetic dignosis, surrogacy,parent-child relationship and posthumous reproduction. This thesis is composed of six chapters.Chapter one involves private regulation and human assisted reproduction. The researcher discusses the meaning and classification of human assisted reproduction technology, puts forward the classification of my own and thus delimits the scope of the present study. Human assisted reproduction is a basic right of a person. The private regulation of human assisted reproduction has its necessity and urgency, which has public law factors inevitably.Chapter two is about human assisted reproduction contract. As the general part, this chapter explores the effect of this contract and its legal elements such as subject, object and contents. Subject part involves different subjects such as patients, medical institutions and providers of genetic materials. Object part involves the legal status of germ cells and frozen embryos, especially how to deal with frozen embryos in different situations. Contents part involves rights and obligations of different parties.Chapter three is about legal relationship of preimplantation genetic diagnosis. There is abstract stipulation about preimplantation genetic diagnosis in China, which induces intense ethical controversies. From the aspect of law, it refers to the status of embryo, the balance between reproductive right of parents and the right of embryo, the balance between the right to health of sick child and the right of embryo. Preimplantation genetic diagnosis should be stipulated from such aspects as grasping strictly sex identification standards, determining exactly indications and crowd, limiting strictly conditions to design baby in order to save others.Chapter four is about legal relationship of surrogacy. There are three types of legislations in the world, that is, prohibited, tolerant and limited regulation. Limited surrogacy has legitimate basis. China has a huge underground surrogacy market and the surrogacy disputes occur frequently. Therefore, entire ban can not resolve all the problems. It is a wise choice for China to permit surrogacy conditionally and stipulate surrogacy from aspects of its effect, effective elements, contents, termination and damages.Chapter five is about parent-child relationship of human assisted reproduction. By comparing the considerations of natural reproduction and assisted reproduction, the researcher studies the concrete defining rules of homogeneous insemination, heterogeneous insemination and surrogacy. On the basis of maintaining the consistency of current legal system, the researcher sums up different situations and establishes the uniform rules of defining parent-child relationship by investigating particularities of assisted reproduction. It is sensible to protect the benefits of children via assisted reproduction on the consistency of traditional defining rules.Chapter six is about legal relationship of posthumous reproduction. Cases of posthumous reproduction occurred in China. It refers to the disputes and balances among different stakeholders as to the right of deceased, the right of spouse, the right of child and the right of existing heirs. Extraterritorial precedence offers guides for us. Posthumous reproduction should be permitted conditionally. The most important thing is to guarantee the lifetime wishes of the deceased and to protect benefits of children.