Study On The Legalization Of Surrogacy

Surrogacy breaks the way of traditional reproduction and has a sharp crash to traditional morality and legal system. There is a keen argument about permitting it or not, and different countries make different choices. The regulation of the Department of Health forbids every kind of surrogacy. However, for the potential demand for surrogacy, the ban on surrogacy doesn't work smoothly and disputes appear incessantly. How to legalize the surrogacy becomes a practical and complex thing to law studiers.This article holds that our country should borrow from mature approach in other countries, legalize the surrogacy conditionally so as to meet the rational need of surrogacy from infertile couples, and make special artificial reproduction law, meanwhile, regulate the surrogate child's legal status as well as surrogacy contract, to regulate the surrogacy effectively. Four parts will be discussed in the thesis. In the first part, I introduce and elaborate the foreign laws of surrogacy with the enlightenment we get from it. In the second part, I refute the reasons to prohibit surrogacy in academic circles and elaborate the reasons to legalize the surrogacy in our country. In the third part, I suggest that the law should make a clear choice that sterile couples are parents of surrogate children, after giving a lot of assessment for the various theories. The fourth part views on the issue of the legal regulations of surrogacy contract from several aspects such as the main qualifications, rights and obligations of surrogate mother and sterile couples, the legal responsibility to violate surrogate contract, in order to control and use surrogacy reasonably.