The Study Of Challenges To Traditional Parent-Child Relationship And Legislation Of Assisted Reproductive Technology

As an instrument of modern medicine to treat infertility, Assisted Reproductive Technology (ART) can take remedial effects on traditional natural modes of reproduction, and benefits couples suffering from infertility. However, as in all science and technology, ART is a double-edged sword. While benefiting people, ART also brings series of social, ethical and legal problems. How to use the law to adjust the development and application of ART has became the centre to improve legislation of ART.But currently incomplete legislation results in legislation vacancy and "there is no law to apply". On the basis of predecessors'researches, this article makes further study into the legal problems caused by ART, using methods of systems analysis, comparative analysis and life science research. These problems include legal relationship, the recognition of parents, children'legal status. And then I give my unique opinions.The essay will give an analysis from the following aspects:The first part of this chapter is about the general theory of ART. The concept and the types of ART is introduced first, the development and application is introduced as well. Legal problems that caused by the application of ART are also put forward in this part.In the second part the challenges to traditional Parent-Child Relationship posed by ART are introduced. From subverting the Parent-Child Relationship in the case of traditional natural reproduction, we can analyze the recognition of Parent-Child Relationship in the case of ART. The measures adopted include Artificial Insemination, In Vitro Fertilization and Surrogacy.The third part is about the researches of legislation of ART. Legislation experience of other countries and domestic legislation are introduced first. Compare the differences between attitude and management of ART in different countries. Then we can find the developmental tendency of legislation of ART and provide support for our legislation of ART.The forth part is about the study of the domestic legislation. The necessity of legislation of ART is analyzed first, the practice and current legislation are analyzed as well. Then some suggestions are raised for our legislation of ART on the base of defects in legislation. The suggestions include principles, measures of main branch laws.