On The Legal Regulation Of Surrogacy Behavior

In the medical technology highly developed today, artificial reproductive technology arises at the historic moment, surrogacy was gradually applied to the real life. Surrogate for those who can’t through the natural way of parenting family dream, make they get the chances of their offspring, maintain the stability and harmony of the family. At the same time, a surrogate mother and mother nature will physiology phase separation, broke the traditional way of birth, to the traditional ethics and present law caused a huge impact. Throughout the foreign legislation, countries think of surrogacy. Have held a denial attitude to most of the civil law countries of surrogacy, and Anglo-American law system countries for surrogacy, especially held a positive attitude to the gestational surrogate type.Chinese current law of surrogacy is simpler, are absolutely forbidden attitude, published in2001by<the ministry of health of the human assisted reproductive technology management method> and <management method of human sperm bank>ban on any form of surrogate surgery. But, in fact, already appeared a surrogate market in our country, and presents the supply and demand two prosperous state, general blindly to stop doesn’t conform to social development needs, has therefore appropriate with legalization of surrogacy has its rationality, necessity and urgency.Paper by taking comparative study method, the method of literature research and empirical analysis method, through the comparison of foreign countries for surrogacy legislation experience, according to the characteristics of the surrogate birth, a more comprehensive understanding of the legal relationship of the surrogate, and analyzes from the perspective of different disciplines, of surrogacy in our country legal regulation measures proposed theoretical framework and concrete constructive ideas. Based on this, the thesis is divided into four parts.Thesis the first part expounds the concept of surrogate, surrogate motherhood is the realization of human assisted reproductive technology is an important way, it USES the sperm of the husband of modern medical technology will inject surrogates in vivo fertilization, or artificial insemination foster successful transplant fertilized eggs or embryos into pregnancy of pregnancy, fetal childbirth by his wife as a mother raising behavior; The second part discusses the necessity and the urgency to implement a surrogate in China, this part is proper reason for opening surrogacy in our country, the paper in detail from several aspects in the existing legal provisions, and demonstrates the necessity of the implementation of a surrogate in China from the opposite side; Third part in the study of foreign law about surrogacy legislation, on the basis of analyzing the surrogate foreign legislation to our country, the United States, Britain, Germany and France are introduced four countries-private law autonomy type three kinds of legislative mode, government controls and a complete ban, through the comparison of legislation in our country in future development provides the beneficial reference; Surrogacy law in China is proposed in the fourth part the idea of some of the perfect system of rules and regulations, this part is the focus of the article, the concrete content includes regulation selection mode, principle, construction of regulations and measures.