Research On The Legal Issue Of Surrogate Parenting Agreement

The potential need on surrogate is very large, because of the number of women whoare agenesia due to the uterine defects or other reasons is increasingly. Surrogacytechnology is controversial since birth, so China’s Ministry of Health has issued strict rulesbanned all types of surrogacy. It is making the surrogate parenting agreement what is thesurrogate technology application forms could not be in accordance with the situation. Thispaper argues that, we have to regulate the surrogate parenting agreement. Only in this way,the positive role of surrogacy can be used, and the negative influence can be avoided, andmake the surrogate truly benefit mankind.Besides the preface, there are five chapters.The first chapter is the introduction of the basic problems of surrogacy. The maincontents include the definition and the category of the surrogacy and the surrogacycontract. The first chapter also explained that surrogacy contract is the identity contract. Inthe last place, the author introduced the attitudes of Chinese scholars about the surrogacy,and most of them are agree with the official attitude, but there are also some people insistthat the full surrogacy contract should be legitimation.The second chapter is the comparative analysis of the surrogate parenting agreementlegislation in two law systems. The author provided the information of some typicallegislation example in civil-law-system and common law system. By means of thisprocess, the author got five inspirations.The third chapter is the theoretical basis and the scope of the legitimacy of surrogatecontract. We all think that the sterile couples have the procreate rights and the surrogatemother has body rights, besides that, the full surrogacy meet the standards of the principleof public order and good custom, so the full surrogacy should be legal.The fourth chapter is about the character of contract. The writer compare the part of the contract relating to property to three typical contracts, and he find that the rule of thecommission contract in the contract law can be partly applied to the surrogate parentingagreement relating to property.The fifth chapter is about the analysis of the legal relationship of the surrogacycontract which include the subject, object, and the rights and obligations of the contract.The writer divided the rights and obligations into two parts which are general and specialparts. In order to define the special parts, we must make sure the parent-child relationshipof the surrogate children. After analyzing the existing four theories of how to make surethe parent-child relationship, the author suggested that the law should directly make theclear rule that the sterile couples are parents of the surrogate children.