Study On Legal Issues Of Surrogacy Agreements

Surrogacy, refers to entrust, based on through assisted reproduction by surrogacy mother responsible way, children, in pregnancy after childbirth production by infertile couples raising family way. Surrogacy is human assisted reproductive mode of a surrogacy to in vitro fertilization for technical support, its belong to a kind of in vitro fertilization. According to the surrogacy mother whether it provides eggs, surrogacy can divide "local surrogacy" and "completely surrogacy". If the artificial insemination can effectively compensate for male fertility insufficiency, then a surrogacy for infertility can be fertile women provide effective help.Surrogacy protocol is infertile couples and surrogacy mother is a surrogacy process the rights and obligations of both parties agree agreement. The birth of surrogacy technology broken the traditional reproductive mode, has far not simple medical problem, its application on human reproductive mode, traditional social morality and law system caused a strong impact. Surrogacy implementation need to infertile couples and surrogacy mother surrogacy agreement, signed the legislation nations to make different surrogacy agreement, China's ministry of health issued regulations strictly forbidden to any form of decision surrogacy and surrogacy agreement. But a surrogacy in reality has a lot of potential demand, a surrogacy in our massive existence. So study of surrogacy agreement has important realistic meaning and laws of social significance.Article in addition to preface outside, is divided into five parts.The first part is the post-mortem surrogacy agreement righteousness. This part of the definition, features and surrogacy agreement nature are introduced. First, a surrogacy exist different types, surrogacy agreements also can be divided into different types, and distinguishes between the advantages and disadvantages of different surrogacy agreement; Secondly, the theory about the understanding of the nature surrogacy agreement does not agree, basically have lease contract said, contract said, entrust contract said, this paper argues that a surrogacy agreement is different from "contract law" as stipulated in the contract, its belong to the famous personal labor supply agreement, we can refer to entrust the stipulations of the contract, the relevant to a surrogacy agreement should the artificial reproductive legislation special provision.The second part is the legality of surrogacy agreement. First of all, to foreign relevant surrogacy agreement comparative study, legislation are introduced and sure mode, negative mode, mixed mode three circumstances legislation surrogacy agreement; Secondly, introduced in the legalization of surrogacy agreement about academic dispute; At last, from infertile couples square reproductive rights, a surrogacy mother body right and disgraceful consideration in the principle of legal surrogacy protocol analysis, think of legislation on the absolutely forbidden to limited surrogacy world open but legislation trend, our country should limited open surrogacy.The third part is a surrogacy agreement of parties legal relationship. The author in this part of the legal relationship from cotton was expounded in surrogacy agreement, a surrogacy mother legal relation with infertile couples as the subject of surrogacy agreement over a surrogacy mother, with the age of infertile couples, fertility status and the rights and obligations of both sides surrogacy agreement is different, the provisions of the author to China's reality, and the surrogacy mother to infertile couples and their qualifications limit the rights and obligations between the recommendations.The fourth part is a surrogacy agreement between parents in the cognizance of children. Traditional reproduction in childbirth, according to the facts to determine their surrogacy mothers, of traditional parent-child identity system, if continue to impact with traditional parent-child identity regulations will make a surrogacy agreement purpose can not be achieved. Currently in surrogacy agreement are mainly children recognized standard genetic said, uterus childbirth said, artificial reproductive purposes said, children best interests said, the author thinks that the identity of surrogacy children determined consideration should be given to both infertile couples implementation of surrogacy purpose and surrogacy child benefit protection.The fifth part is our country the construction of surrogacy agreement legislation mode. First of all, to our country the surrogacy agreement legislation in China already issued ministry of evaluation, the relevant artificially reproductive two department regulations didn't solve the surrogacy spread in our country. Our country should formulate a separate artificially reproductive method, admitted unpaid completely surrogacy. Secondly, this paper expounds the reference of foreign surrogacy agreement can be the relevant experience; Finally, the author puts forward the surrogacy agreement in the basic principles of the legislation should establish.