| Surrogacy, as one of artificial assistant reproduction techniques, refers to borrow another female's uterus to born one's own baby because of the wife's deficiency in natural pregnancy. The clinical application of surrogacy is not simply an issue of medicine. Its application has a great influence on human's reproduction means, social ethics and law, leading to a lot of legal and ethic problems. As every coin has two sides, although the emergence of surrogacy brings about some negative influence, at the same time, it is an issue of great value in medicine, society, and jurisprudence law.At present, different countries hold different attitudes towards surrogacy. Yet China marriage law has not clearly indicated the legal status of surrogacy, but the Administration Law of Artificial Assistant Reproduction Techniques and Administration Law of Human Zoosperm Shed (Published 2001, by Ministry of Sanitation) has clearly forbidden medical institutions and medical personnel to do surrogate operation in any forms. However, surrogacy does not disappear from people's life, in recent years there are more and more surrogate phenomena in China. Thus it is not desirable to simply reject and repel surrogacy, while law can never be indifferent about this, as a result, the legal regulation and guidance is important and necessary to the development and restriction of artificial assistant reproduction techniques. In the current situation with no effective regulation, it is just a makeshift to absolutely forbid surrogacy. In the long term, surrogacy needs appropriate application.Based on previous reasons, this article elaborates the basic theoretical issues about surrogacy, and discusses about the legal problems caused by surrogacy, analyzes the appropriate application prospect of surrogacy, and finally brings out some basic legislative conceptions aiming at the current deficiency of legislation on the basis of analysis and summarization of the legislative situation about surrogacy in other countries.This article consists of three parts: introduction, body, and conclusion.The body contains four parts:The first part mainly elaborates the basic theoretical issues about surrogacy. Firstly, give some introduction about the concept, feature and classification of surrogacy. Secondly, analyzes its medical, social, humanistic and legal value from many perspectives. Finally, gives introductions and exploration about several legal problems with great disputes and brings out the author's own opinions about that. The second part explores the applicative and legislative situation of surrogacy in other countries and regions, making comparison in terms of the legislative attitude, legislative modes and identification of parentage, and gets some revelation about legislative trends, appropriate application of surrogacy according to previous analysis.The third part analyzes the current situation and legal dilemma in our country. As surrogacy will not disappear just because of ban, surrogacy roams at the vacuum of no laws concerning about it. The analysis of the legal dilemma we are facing of surrogacy, lays a research foundation about the regulation of appropriate application surrogacy in the following part.The forth part brings out analysis about the prospect of appropriate application in our country, as well as basic legislative conceptions. Based on the analysis of necessity and feasibility of appropriate application of surrogacy, this part lays its emphasis on the basic principle on which surrogacy will be utilized limitedly and the tight restriction on surrogate body under the current legal frame, and regulation about the surrogate body's basic right and obligation, necessary items of surrogate contracts.
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