Legal Regulation Of Surrogacy Assisted Reproduction Research

Surrogate assisted reproduction is a legal, ethical common problem; it is the realization of reproductive rights in a complementary manner. However, as a surrogate assisted reproductive technology treatment of infertility exists, it is a natural means of birth is not a remedy. Meanwhile, it may be related to a country's legal tradition and social public order and morals conflict.Although, the current surrogate countries to take legislative attitude assisted reproduction are not the same, but admitted that the surrogate or partial recognition of the legalization of assisted reproduction has become the trend of national legislation. The current law on behalf of our Assisted Reproductive pregnant a total ban on hold absolute attitudes, released by the Ministry of Health in 2001,"Measures for the Administration of human assisted reproductive technology"and"sperm bank management approach"and medical institutions are prohibited any form of medical staff surrogate operation. In fact, the surrogate from our real life hasn't disappeared in recent years, the surrogate assisted reproduction in our growing phenomenon. In this regard, simply be rejected, rejection is not desirable; law which can not remain indifferent to the law regulating, guiding role of the surrogate and the development of assisted reproductive technology restriction is absolutely necessary. Lack of effective norms in the present case, the absolute prohibition of the practice of assisted reproductive surrogacy is only an expedient measure. In the long run, the surrogate assisted reproduction should be a reasonable application. Certain forms of assisted reproduction, in theory, the surrogate has the feasibility of legalizing, in practice there for its existence, coupled with extra-territorial legislation of surrogate for the recognition of certain forms, all its legal conditions in China of Shenju reasonable.Article by taking comparative law and empirical analysis of legal research methods, for a surrogate birth of social characteristics, from different disciplinary perspectives analysis, demonstration, combined with extra-territorial law, legislative experience, our surrogate assisted reproductive legal regulation measures proposed Theoretical framework and specific constructive ideas.Based on this, the paper first expounds the basic theory of Surrogacy problems and then to the conditional opening of Surrogacy rationality problem from theoretical and practical aspects of two demonstration; Second, in the study of foreign law on surrogacy Model legislation and regulations based on the situation of China, on behalf of the pregnancy in assisted reproduction and rational use of our problems of legal regulation, the final proposal of building a surrogate of legal regulation of assisted reproduction of some idea of a perfect system.This article is divided into introduction, body and conclusion of three parts. Text is divided into five parts:The first part outlined the surrogate basic theoretical issues of assisted reproduction. The concept of surrogate birth, characteristics and types are described, looking forward to let people to have a clear Surrogacy correct understanding of the research for the following lay a theoretical foundation.The second part is to demonstrate that the surrogate country should be the legal regulation of assisted reproduction is reasonable. Paper theoretically the feasibility and necessity of the reality of limited recognition of both the surrogate to demonstrate the legitimacy of birth.The third part mainly on the extra-territorial law on surrogacy and the legal regulation of assisted reproduction legislative cases, by comparison, analysis, summary, revealed in China on behalf of the legal regulation of assisted reproduction pregnancy legislative China. And finally through the comprehensive analysis and comparison should be made in China open conditional surrogate assisted reproductive technology, to take reasonable regulation mode scientific, effective and reasonable regulation of Surrogacy.The fourth part of mainland China on behalf of the pregnancy status of assisted reproductive behavior of a critical analysis of the legislation. Value from the legislative, legal hierarchy, the legal effect and application of the Act so profound analysis of the shortcomings of existing law, for the following build and improve our legal system, the surrogate assisted reproductive basis. This section presents the state surrogacy regulation should be in line with the basic rights of the basic principles of a rational and tolerant attitude towards accurate consideration of social acceptance, personal growth realization of the right and social public order and good morals among the appropriate trade-offs, which abandoned a total ban on the regulation pattern, limited recognition of surrogate legitimacy of assisted reproductive technology.Part V describes the construction and improvement of the major continental regions of surrogacy legal regulation of assisted reproduction and constructive ideas. China should adopt a proposed administrative control as the leading comprehensive governance; by constructing the relevant legal system, a reasonable surrogate for guidance and regulation, exist in the reality series on surrogacy laws and regulations to provide guidance to legal issues, and ensure that method-based. Second, the surrogate assisted reproduction in the specific procedures Regulation of the executive authorities to give full play on the surrogate assisted reproduction in the supervisory role of legal regulation, proposed surrogate administrative permission system. Administrative Law for violation of laws to implement the administrative sanctions surrogates operation, so as a surrogate from the system to provide a powerful guarantee fertility.