A Legal Regulation Study On Limiting Exoteric Of Surrogate Assisted Reproductive

To perpetuate their own kind is the instinct of all living beings, humans are no exception. However, as the increased environmental pollution and the changed of people’s living habit, the natural fertility of human declined significantly which made many infertile couples get into the pain. The development of science and technology give birth to the surrogate assisted reproductive which brought the Gospel to the infertile couples. The surrogate assisted reproductive which evolved from test-tube baby technology was born in the1980s in United Kingdom and rapidly circulated through the western world. While the application of surrogate assisted reproductive technique first start in1996, and along with the tide of surrogate assisted reproductive, more and more problems appealed that includes the infringement of children and women with uterine tool etc. Those kind of problems made countries all around the world create legislative regulation to limit it, some countries even forbidden it. According to the tide of surrogate, the Ministry of health in China has issued regulations in2001which forbid medical institutions and medical stuff engaged in the surrogate surgery, the regulation ended up the surrogate surgery theoretically and with no doubt brought infertile couples which raised hopes because of surrogate in despair. However, that hugeness group which has their reasonable demand cannot stop.Facing the forbidden of the law and the contradiction of human’s instinct, most of them have to risk danger in desperation, they try to find ways to do surrogate surgery through underground market which causes more problems and destroys the social order. Actually, limiting exoteric of surrogate assisted reproductive has its own solid legislative、ethical and social base and would be manageable to the determination of parentage of children born to a surrogate. There are some certain deficiencies in Chinese mainland now. In order to for better regulation of surrogate assisted reproductive, the law in Chinese mainland should not be prohibition it totally and should use the legislation experience of America, Hong Kong and Taiwan for reference to be restrictive open it. In practical terms, the Chinese mainland should ensure the basic principle of limiting exoteric of surrogate assisted reproductive and set up specialized administrative supervision and management organization to review surrogate parenting agreement and regulate the medical institutions to the implementation of the surrogate operation. Meanwhile, the qualification and rights and obligations of contracting parties in surrogate parenting agreement should be stipulated; the legal status of children born to a surrogate should be clear and definite; the agencies of surrogate should be banned; legal liability of violating the provisions of the surrogate assisted reproductive should be explicated. All above measures should adopt its good points and avoid its shortcomings, to make better service for human beings.