The Nomological Study On The Justness Of Surrogacy

Surrogacy means that the female accept the intended parents' entrustments, conceive a kid with the artificial assistance, and after production deliver the kid to the intend parents who will bring the kid up.Surrogacy need IVF (in vitro fertilization), or say, surrogacy is one kind of IVF that the pre-embryo is gestated by a surrogate mother. IVF can offer effective help to the female who are barren absolutely.The first part of this article is an introduction of the artificial assistant fertilization. Compared with other forms of artificial assistant fertilization, the essential characteristic of surrogacy is that it is the surrogate mother not the intend mother that is pregnant. If we can argue that not all of the women give birth to a baby will be the baby's mother, we can draw a conclusion that there is nothing new between surrogacy and other artificial assistant fertilization. This is the original intention of this part.The second part of this article is to testify the justness of the surrogacy. The justness of surrogacy bases on the right of procreation,the right of organizing a family and the equality right. According to the definition of the right of procreation, unless the surrogacy parties violate other's profit, surrogacy should not be forbidden. And there is no convincing testimony to prove that surrogacy offends public profit. In respect that surrogacy is the unique way for some barren couples, the legalization of surrogacy shows the actualization of equality.Be feasible in technology is one thing, be acceptable in mind is quite another. The legislation on surrogacy must be the intersection of possibility in techniques and the allowance of the society. So the third part of this article is a brief introduction of foreign surrogacy law and the native legislation conceit.