Research On The Legal Problems Of Surrogacy Assisted Reproduction

With the rapid development and applications of science and technology in themedical field, the application of artificial reproductive technology has become moresophisticated. As one kind of artificial reproductive technology, the momentsurrogacy assisted reproductive helps infertility couples achieve babies; it also bringsgreat shock on social and ethical order because of the huge difference from nature ofreproductive. The lucubration of surrogacy assisted reproduction has great practicalsignificance facing the disorder but increasing demand of surrogacy market.Surrogacy assisted reproduction, just as its name implies, it is an assistedreproduction method to replace infertility women to pregnancy and delivery adoptingmodern medical assisted reproduction technology: implanting the artificial cultivatedzoosperm in surrogate mother’s uterus. Through the introduction of the surrogacyassisted reproduction’s definition and classification, the paper firstly defines thesurrogate form it will research, that is what academic field so-called the type ofsurrogacy that sperm and zoosperm both come from entrusted couple, also known asfull surrogacy.The writer discusses the legalization of surrogacy assisted reproduction byorganizing kinds of debate opinions. Firstly, legalize surrogacy assisted reproductivein law. Details include:1. the right of reproductive freedom is a basic human right;2.on the legal principle basis of no harm no prohibition;3. on the legal principles basisof justice;4. according to human’s right of pursuit happiness and family;5. surrogacydoes not violate the principle of public order and morals. Secondly, discuss the actualnecessity of surrogacy assisted reproduction legalization based on the support of legaltheory. On one hand, there are great demands of surrogacy, but the current situationof no principles and laws to obey urgently need to be solved. On other hand, thepublic become more tolerance towards surrogacy assisted reproduction; hence it has acertain public foundation. Through the discussion of dispute opinions in legalprinciples and the introduction of disorder situation of surrogacy assisted reproduction that urgently to be solved, the paper proves that surrogacy assistedreproduction has the foundation of legalization.Comprehensive view, United State representative the model of privateautonomous, that is, under the state law, the parties voluntarily implementedsurrogacy by the private way, and the state can not intervene. UK representative themodel of government control: the parties implemented surrogacy under the law andgovernment. And the completely forbidden model of civil law countries (France andGermany as the representatives). However, due to the significant increase in infertilitypatients, the attitude of these countries towards surrogacy also has certain relaxation.In China, there still no systematic study of the writings for surrogacy. In order tomake surrogacy issues under the legal regulations, we should establish the principleand content of surrogacy legislation combine our own national conditions with othercountries and regions’ law model of surrogacy assisted reproduction. The paperpresents the proposal of surrogacy legal regulation’s principles: the principle oflimited use, the principle of non-commercialization, voluntary principle, standardizemanagement principle, the principle of maximizing the interests of children. Theproposal of legal regulation’s contents: within the framework of the rule of law,supervise the behavior of surrogacy by specialized administrative authorities, clearthe qualification and responsibilities of surrogacy parties, ensure the surrogacychildren be the legitimate children of entrusted couple and so on.By analyzing the legality of surrogacy theory, and comparative study of othercountries’ legislation, the paper aims to get a conclusion that our country shouldlimitedly opening surrogate base on the shortage of legal norms and the actualurgently demand of surrogacy. We should know that, disregard can only make thesituation worse. Therefore, the research of surrogacy assisted reproduction has a greatmeaning in the aspect of both legislation and reality.