The Analysis Report Of Surrogacy In China And Its Legal Regulation

Surrogate,the morden medical technology, brings good news for many families without normal fertility. However, it also result in heated controversy among the legal profession and the ethical understanding on the legality and rationality. Countries around the world have made laws on surrogate, some of which prohibit, and some permit or conditionally recognize. In china, surrogate is prohibited by department regulation, but in the view of actual running,it does not and can not achieve the desired legislative effect. According to the latest"china infertility investigation report", the infertility rate in china is in a rising trend, with this rising trend , there is a increasing demand for surrogacy. But our legislation with considerable flaws, can be easily circumvented.it did not consider the interests of the people who do not have normal fertility.It is this lack of legislation on public opinion and legislative technical flaws that leading to the abuse of surrogate in real life. With contrary to the original intention of surrogate technology.This paper, in the form of report, shows people's understanding and attitude of the surrogate technology. The author made a comprehensive and deep analysis in the surrogate participate and the relevant laws and regulation of surrogacy.This paper ,with specific cases, came up with two key problems, namely , the legality of surrogacy contracts and the children identified. With this two aspects as starting point, the legal regulation of the current surrogacy contracts and the ownership of surrogate children and also made proposals on regulation of surrgacy contracts, and how to determine the ownership of surrogate children. It is hoped that this paper can provide reference for our future legislation.