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Research On Legalization Of Complete Surrogacy

Posted on:2013-01-04Degree:MasterType:Thesis
Country:ChinaCandidate:S LiFull Text:PDF
GTID:2256330395488636Subject:Civil and commercial law
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In1978, the first Test tube baby was born in UK, and in2010, a richmerchant in Guangdong got eight babies by the way of surrogacy. There is anew way to get pregnant, surrogacy has been brought into the different countries,and it has been a significant social phenomenon which was intensely discussedby all media in our country. The technology of pregnancy by surrogacy is a greatdevelopment of the skill of Test tube baby. Pregnancy by surrogacy as a newtechnology not only brings gospel to the couple who can’t give a birth to a baby,but also impact to the traditional way of generation. And it also takes somedoubts and discusses in law and ethics. Should the pregnancy by surrogacy belegal? But they take equal answers between the supporters and the opposition.The supporters think if human could bear a baby by way of sexualintercourse,that they have a right to get a baby through pregnancy by surrogacy.On the contrary, the opposition expresses their own opinion that there will be alot of problems in law and ethics, with many couples take this way of pregnancy.For example, the traditional family pattern will be broken, the social relationships become more complicated, women’s dignity will be violated, andthe children born in surrogacy could be considered as goods, etc. The authorthinks, in terms of the social demands, we can see the demeanors existing in ourreality, and they are developing out of control. Therefore, the legislator shouldtake the reality to face such the phenomenon. It is better to carefully regulatepregnancy by surrogacy than to simply forbidden. Anyway, we should take acorrect and complete understanding to pregnancy by surrogacy, and distinguishdifferent kinds of surrogacy, mostly, to some extent, make the positive andthoroughly pregnancy by surrogacy be more legal.My essay begins with the basic concepts and descripts the surrogatedemeanor from the reasonability and legislation of pregnancy by surrogacy.Furthermore, this essay offers the public order and custom to rule pregnancy bysurrogacy. And at the end of this essay, I will show my opinions for thelegislation of pregnancy by surrogacy.In this essay, the introduction generally shows us the author’s purpose, theconcept’s significance and practical value, the background of this thesis and methods of the study.There are four parts in the text following these contents:The first part, starting from the basic meaning of surrogate, surrogate ofseveral basic types carried out a detailed study on the classification and clearlythis article is limited to "fully pregnant".May lead to a chaotic state of human"regional surrogate" and there is no surrogate necessary "embryo donationpregnancies" in the negative. Analysis of the surrogacy and surrogacy industryin China on the rise and development of the present situation, also discussed thelegislation of States to surrogate.The second part, from the perspective of the necessity and rationality ofethical argumentation based on legalizing surrogacy.On the necessity of,explained surrogate in the Chinese society’s historical roots and rights-based.Inrationality of analysis Shang, summarized and summary has media againstgeneration pregnant legalized of theory and theory, by on violation public orderand good custom said, damage family mode said, and society confusion said,and generation pregnant children belongs unknown said of rebuttal established has generation pregnant legalized of ethics Foundation, and on generationpregnant is should legalized of several points dispute for full analysis, anddemonstration, last came generation pregnant legalized of rationality.The third part, proposed and established based on the concept of publicorder principle of good customs, and States to surrogate in the legislative andjudicial practice in the present situation, and on the basis of this principle ofpublic order and decency should be elaborated to surrogate which limit theeffectiveness of the contract.The forth part, by using foreign-related legislation, and domestic academicresearch results, combined with the realities in China, surrogate of legislationput forward several ideas.Regarding as the right, the specific way of pregnancy by surrogacy is alsocalled the complete surrogacy, which is fit to the chinese tradition and publicregulations. To some extent, this demeanor reduces the contradiction in families,and makes the legislation of complete surrogacy become more feasible.Therefore, the legislation of surrogacy should have a basic principle that is definiting a complete and systematic institution by the way of protecting andbalancing the benefits of different facets in law relationship. Using the way inlaw to regulate this demeanor by surrogacy, there will be a hope for mostinfertile families, if they adopt this way of pregnancy reasonable.
Keywords/Search Tags:Pregnancy by Surrogacy, Public Order and Good Custom, Complete, Surrogacy, validity of contract, Legislat
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