Analysis Of Artificial Reproductive Legal Issues

It is the right for everyone to have the new generation, which is also the desire for the majority of our people. Assisted Reproduction brings the hope of having child to the infertile couples. While it challenges traditional ethics, Assisted Reproduction also puts forward challenges to nowadays legal system. This article makes a deep research on the following questions , that is, its theoretical basis, the qualification of parties, and the legal status of genetic material and legal status of children in comparative methodology and empirical analysis methodology. At last, I put forward my legislation preposition on the basis of shortcomings of our present legislation on reproduction and the reference of legislation experiences in foreign countries. The article includes five chapters, and leads to the piece style as follows:Chapter 1: Firstly, I introduce the history and the development of Assisted Reproduction. Secondly, I analysis the concept and the type of AR, and form a basic understanding of the current AR . Thirdly, making a deep research on the ethics and legal basic of AR, lay the foundation for the following questions.Chapter 2: They are multi-party involved in Artificial reproductive function ,in order to ensure the health of the children, we should regulate the eligibility requirements of the parties of the AR.Chapter 3: The emergence of the Assisted reproduction makes the subject and object norms defect. We should make a deep considering on the legal status of genetic material , such as fertilized egg and embryo. Through detailed analysis, fertilized egg and embryo should not treated as the person in the civil law, and not object either, it is a special object. It should be included in the objects cope of the Civil Code to adjust.Chapter 4: The children born by assisted human reproduction are peculiar to natural ones, how to identify parent of such children need our thinking. After reference of legislation experiences in foreign countries, I make the conclusion that rules identifying their parents should be same as natural bearing . Whatever how they born, it is the duty of law to protect them equally.Chapter 5: Main rules in AR field should be promulgated to protect AR. In this section, I reviewed the defects of the rules and put forward my legislative suggestions . It should contain the principle and the content of AR. In the end, I explained my opinion on relationship between future law and ethics caused by AR.