The Research On The Regulation Of Surrogate Behavior

It is no longer difficult for many couples with infertility to give birth to their own baby thanks to the fast development and advancement assisted reproductive technologies for human. Surrogacy brings good news and benefits to couples with infertility on one hand while causes many controversial disputes over complicated law and ethics problems triggered by surrogacy. The supporters and opponents camps have debated on the preservation and abolishment of surrogacy. Based on such disputes and debates, it can be found that surrogacy represents the conflicts between traditional ethics and technological development and brings far-reaching shocks and influences to the legal system in China.Concerning the trend of different countries approaching surrogacy, it can be seen that in the western developed countries, based on the huge market demand for such technology, limited opening to surrogacy has grown into the legislation main stream. However, many other countries still keep a conservative view legislatively right before effective solutions are put forward to address the complicated problems originated from surrogate births. Back in China, the covert surrogacy market is filled with turbulent sub currents from booming demands. Nevertheless, the public opinions are apt to condemning and rebuke. Though our law forbids surrogacy clearly, it can only be referred to 3 regulations by the Ministry of Health, which just tries to prohibit surrogacy indirectly through the standardization of medical behaviors. Shall surrogacy be permitted or not? If it is, the problem is how to decide the parentage as for the surrogate children. This has been an emphasis and aporia for both the theory and practice circles. Regarding the regulations on surrogacy, our country should find a perfect balance between reproductive right, human dignity as well as public order and moral after taking into consideration of social acceptance and non-violation of lawful benefits of the minorities.The present thesis expounds the legislation trend of limited open surrogacy from multiple perspectives by discussing the origin and status quo of surrogacy as well as its consequent problems such social ethics, morals and laws and comparing legislations on surrogacy in various countries. Based on the current situation of surrogacy legislation in China, the author supports the legalization of gratuitous complete surrogacy and presents a system design for the future legislation on gratuitous complete surrogacy in China, in a bid to safeguard legitimate rights and interests of the parties concerned of surrogacy and give full play to the social functions of laws in guaranteeing technology applications and advancing scientific and technological development.The present thesis is divided into four chapters:Chapter 1 expounds the legislations on surrogacy in countries and regions concerned and features a corresponding comparative research.Chapter 2 analyzes the major issues concerning the disputes over the legalization of surrogacy.Chapter 3 analyzes the prospects on the legalization of gratuitous complete surrogacy in China from two perspectives of rationality and feasibility based on current situations in China.Chapter 4 puts forward legislative principles and conceptions on the legalization of gratuitous complete surrogacy in the future in China, and then features a system design for the future legislation on gratuitous complete surrogacy in China.