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The Surrogate Cases Of Legal Analysis

Posted on:2014-02-16Degree:MasterType:Thesis
Country:ChinaCandidate:Z J ShiFull Text:PDF
GTID:2246330398456039Subject:Law
Abstract/Summary:PDF Full Text Request
As science and technology progress, the surrogate technology also will benefit With thedevelopment of a leap. Currently, To make those fertility of couples to have their own children isno longer a dream, as long as through Surrogacy technology will be able to easily achieve theiraspirations. However, the technology brings joy but also inevitably bring a lot of negative effects.China has a long tradition of history, the surrogate is much consideration of the legal system andethical condemnation. More complex, the surrogate is not just the impact of ethics, triggered a series ofinsurmountable legal and social problems is that people are more concerned and worried about the focus.ForSurrogacy clear planning are only three of the Ministry of Health regulations, but the surrogatelife case triggered a variety of disputes but numerous. Therefore, how Surrogacy related problemscaused by its proper handling in accordance with the existing law has become an inescapable fact of judicialpractice.In this paper, through a combination of the real case, The introduction of the typical case,and the court in adjudicating cases, the focus of debate to Discrimination proposed LegalRegulation of Surrogacy in the existing legal framework.Throughout the development trend of the surrogate, Britain and the U.S. focus on the needs ofthe large number of surrogate market open Surrogacy becoming legislation mainstream. In manycountries in order to avoid the commercialization of the uterus, the final ban on commercialsurrogacy. Asian countries showing a surrogate legislation from outright prohibition to the trendof the limited opening, and have yet to find resolve surrogate the derived complex problems the program before the conservative attitude of the surrogate legislation. Although our administrativerules to regulate surrogacy, but the endless stream of surrogate disputes require that we mustlegislate our population, a surrogate huge market demand, and how to safeguard the interests ofthe parties of the surrogate is an urgent need to resolve the problem. Theoretical study and the factthat the basis of the argument, we should find a reasonable solution to the form of legal rights andobligations of the surrogate clear, infertile couples a reasonable surrogate needs are met.
Keywords/Search Tags:Legitimacy, Surrogacy Contract, Parent-childrelationship, Legal analysi
PDF Full Text Request
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