Surrogate Birth Of Legal Research

During a long time, the reproduction of human is always based on a natural pattern of two sexual, male and female, but when it comes to the20th century, at the base of a deeply realize on natural reproduction, human began to use artificial means in controlling the pattern and process of reproduction to complete the breed of new life, so the modern was come out and applied.The so-called Artificial reproductive technology is also called Assisted reproductive technology, it is a new reproductive technology that use artificial means, different form the natural reproductive by sex, to put the embryo by artificial insemination into a normal female’s womb, make her pregnant and give birth to the new life.In1982, the first case of artificial insemination in China achieved success, the first test-tube baby was born in Beijing, that indicating the study and clinical application on Artificial reproductive technology has made a great progress.Surrogacy, an associated product of test-tube baby technique, is a kind of Artificial reproductive technology. Surrogacy is a double-edged sword, it has brought good news to lots of infertility couples, too, impact many traditional concept and law strongly and cause a wide range of community disputes. The most thought provoking problem is that the legal norm can’t catch up with the high speed of medical development, the legislation of surrogacy in our country is being blank. The effective control and optimal use of surrogacy will benefit our people, increase the family stability and realize the harmonious development of society.To achieve the target of legislative perfection, the article expound the basic theory of surrogacy, combine the legal practice and experience in some other countries, under current legislation in our country, discuss the necessity of legal regulation, finally present a concrete proposal to solve the legal problems of surrogacy.This paper is divided into four sections.Introduction:This section summarize the viewpoint of scholars on surrogate issues form domestic or overseas, give a brief summary of the research status and then point out the research meaning and research ideas.Part Ⅰ:Basic theory of Surrogacy. Analysis the concept of surrogacy, the rationality of surrogacy to exist and the properties and the effect of surrogate parenting agreement, expound the legality of surrogate parenting agreement, which makes a theoretical base for the discuss in the following text.Part Ⅱ:Prominent legal problems of surrogacy. Make a elaborate expound of the prominent legal problems, figure out the reason and content of every problem to make a base for the narrate in the following text.Part Ⅲ:Compare the surrogacy legislation from at home or aboard. Introduce some practice of surrogacy legislation in the United States, Germany, Japan or some other countries to provide reference and example in the complete of surrogacy legislation.Part Ⅳ:Legal Regulation of the surrogacy. This part is the keystone of the article. On the basis of precious three parts, this article, in two aspects, starting from the surrogate system design,specific proposals to resolve the legal problems of the surrogate.