The Study On The Legal Problems Of Surrogacy

Surrogacy is a form of practical application of the artificial assistancereproduction technology through Modern biotechnology,it means that when theentrusted spouses can’t conceive a child in person because of the wife’s variousreasons,they make use of Modern medical Reproductie Technologies to embed thesuccessful artificial breeding zoosperm or embryo into the surrogate mother’s bodyto be pregnant,and then the surrogate mother accomplish gestating and producingfetus. At present,different countries hold different attitudes towards surrogacy.YetChinese law has not clearly indicated the legal status of surrogacy,but theAdministration Law of Artificial Assistant Reproduction Techniques andAdministration Law of Human Zoosperm Shed(Published2001by Ministry ofSanitation)has clearly forbidden medical institutions and medical personnel to dosurrogate operation in any forms. Apparently,the application of surrogacy kindlesdispute is ineluctable,but begging the question isn’t a wise select,and completeprohibition in such a compact will not mend matters. Where there is society, thereis law,so we should make an impersonal and analysis comprehensive analysis ofsurrogacy,and then make use of law,the most direct and effective method,to reducethe impact and dispute brought by surrogacy,and to draw on the advantages andavoid disadvantages,leading it to produce the biggest social effect as to betterprotect litigants’ interests, and bring evangel to more families.Surrogacy is essentially different with “borrow belly raw son”,its existence hascertain social reasons and right sources. Under given conditions and limits,surrogacy is rightfully exercised by surrogate entrusted spouses and surrogatemothers,yet it isn’t against public order or good morals,so law makers in Chinashould appropriately open full surrogacy,making it legitimate in conditions.Surrogacy is an Civil Legal Acts in essence,including surrogate contracts legalrelation and surrogate Parent-Child Relationship,To protect the generation right ofsterile couples,prevent the abusing of the surrogacy technology, our country shouldfully recognize the active and passive impact according to the situation of China,definitely rule the qualifications of surrogacy mother and sterile couple and theirrights and duties,the content and force adeffect of surrogate contract,the legal status of surrogacy children and the principle of Parent-Child relationship,in order torealize the effective control and using of surrogacy reasonably.