The Research On Surrogacy Legal System

In recently years, the rate of infertility is rising. In addition, in a new era., women don’t want to be pregnant because of beauty or career, or not suffer pregnant for ten month, the surrogate birth emerges as the times require. Most modern countries are open-minded on the surrogate, but the legislations they make have the remarkable difference. But the legislation our country is more conservative, it bans the surrogacy. But the academic circles is tolerant with the surrogate, especially in recent years they call for the legislation for surrogacy. Surrogacy meets the infertile couples’ desire that they want to have their own children, its existence has the ethical basis and legal basis. Surrogacy is on the surrogate contract that signed by the parties, to restrict the rights and obligations of both parties. The surrogate parenting agreement is about the identity of the contract, not a commissioned contract. The Surrogate contract made needs proper parties, the subject of the surrogacy contract is not a baby but the baby’s paternity. All of countries ban commercial surrogacy surrogate, but in order to make up for the surrogate mother who spends time and losses of money, so, it allows the infertile couple to give reasonable compensation to surrogate mother. Particular, it doesn’t paid surrogacy mother, so as to whether to terminate pregnancy (abortion or termination of the agreement), the permission comparison of the surrogate mother is larger than the couple.The legal relationship between the infertile couple, surrogacy mother and the surrogacy children, there are four kinds of theories in the academic circles, the author think that it should take the contract on the base, the best interests of the child by supplemented. As a result of our country on the surrogacy is prohibited, causes our country law in this area is in blank condition, through to research and compare the extraterritorial legislations, combining the reality of our country, the author put forward some suggestions to the surrogate legislations on the legislation, administration.