Analysis Of Surrogate Legal Problems

As the rapid development of the medical technology, the problem that humankind facing with their healthy was settled one after another. The surrogate technology is just a new technique of the medical technology. The surrogate technology as one of human assisted reproductive technology is to solve the infertile problem especially women who has that kind of problem. Artificial Insemination is the technology to solve the male sterile problem. A surrogate technology is such kind of technology that moving the embryo or fertilized egg to a surrogate mother's uterus, using the technology of In Vitro Fertilization, which realizes the dreams of those who get the diseases of chromosome and sterility. It is the great progress in medical development history. For the countries has no uniform standards for purposes, scope and targets, Assisted Reproduction challenges traditional ethics, and also puts forward challenges to nowadays legal system. In this case, the Anglo-American law system tend to limited open a surrogate and continental legal system were taken to ban. There are not specialized laws and regulations to regulate human assisted reproductive technology currently, but a few departments of the Ministry of Health regulations and the Supreme People's Court's reply the issue, but tends to ban the surrogacy in the whole.On the basis of previous study, this paper focuses on several legal problems caused by the application of surrogacy via systematic analysis, case analysis, comparative analysis, etc. It includes the subject who adopted surrogacy, and legal parents'assertion after the application of surrogacy, legal status of children born with the help of surrogacy, etc. It also puts forward my own unique opinion.The article includes four chapters:Chapter one is to introduce the concept and category of surrogating and distinguishes it from Artificial Reproduction, Artificial Insemination (AI), and In Vitro Fertilization (IVF). It also analyzes the reasons and present situation. Based on this, summarizes the supporters and opponents'views, and then, elaborates surrogate quantity. Chapter two is to compare the laws in two different law systems, as while as rethink about the defects of our law, from the standpoint of testament argues for legality of surrogate, and on the basis of a summary that our legislation needs to benefit from overseas experience.Chapter three is to introduce the prominent problems in surrogate, mainly the surrogate agreement and the parenthood problem.Chapter four is to show the legal design for the key problem in surrogate, mainly about who adopted surrogacy, and legal parents'assertion after the application of surrogacy, legal status of children born with the help of surrogacy, hoping to promote our future work of the legislation.The last is the conclusion to sum up the whole essay and state to limited open the surrogate.Technology is a double-edged sword. We should improve our system with the steps of technology to make up the close loopholes when the law applying to make the technology applied in a good way. For surrogacy, the law should make a detailed explanation on the essential questions, as the legality of surrogacy and legal status of children born with the help of surrogacy, hoping surrogacy making much greater contribution to social harmony.