On The Civil Law Adjustment Of Surrogation

Fertility problems have been plagued many families. But with the advances in technology and healthcare, assisted reproductive technology has bring the hope to infertility families. Surrogacy is an assisted reproductive technology, and has a strong social demand, which has become a social phenomenon. On the one hand, the surrogate for the presence of a difficult fertility family to bring the gospel to meet the aspirations of infertility families having children. On the other hand, the surrogate is a way of subverting the natural fertility, to social and ethical norms and traditions of the legal system and a great impact. It also bring profit opportunities for speculators. Surrogacy has become a kind of social phenomenon that is difficult to ignore.At present, China’s surrogate legislation still in a blank state. The widespread surrogate phenomenon in our country must be forced to deal with the legislation. This paper will less discussed whether it should open surrogate or surrogate’s limit, but from the perspective of civil law to adjust to explore how to deal with a surrogate birth of civil legal issues. First, by comparison with other countries in the parent-child relationship adjustment mode, combined with the reality of our country, from the theoretical and practical model to analyze the feasibility of a contract in our country, respect for the freedom to choose surrogate of the parties, to explore suitable for China’s parent-child relationship adjustment mode. Then from the point of view of civil protection surrogacy legal relationship of the parties set out to clarify the relationship between the relevant legal surrogacy contract. Finally, within its capacity to provide legal advice for future legislation of surrogacy.