Research On Legal Regulation Of The Gestational Surrogacy

"Surrogate" also called "alternative pregnancy","pregnant agent" is a means of assisted reproduction with the development of human assisted reproductive technologies and emerging. The author believes that the broad Surrogacy is the result of women unable or unwilling to borrow another person while pregnant woman’s uterus for their childbearing behavior. But the "surrogate" should not "belly twins" in the legal sense,"mistresses" confused, it’s just a human assisted reproductive stages of the process. Contemporary pregnant mother who is a child born to biological genetics, this is actually a "self-pregnant" and can not be called "surrogate". Therefore, I believe,"surrogate " in the legal sense refers to the ability of women receiving fertility on behalf of others, voluntarily provided by the Principal embryo implantation own womb, by their own alternative to the Principal legal acts pregnancy childbirth. According surrogate addition to the uterus beyond whether while providing eggs, can be generalized surrogate into "gestational surrogacy" and "genotype surrogate" in gestational surrogacy, the surrogate and surrogacy children not related by blood; while in genotype surrogacy, the surrogate surrogate children with blood. Discussed herein "surrogate" refers only to "surrogate" in the legal sense, the "gestational surrogacy.’This paper describes the behavior of the most controversial surrogate few questions, and then analyzed from four aspects gestational surrogacy legalized legitimacy:1.A rights-based gestational surrogacy type legalization. Reproductive rights as a personality right, statutory rights of citizens, citizens should be equal enjoyment of this right; body right is also an independent personality right, I have the right of citizens of the body to dominate.2.Gestational surrogacy ethical basis legalization. Gestational surrogacy both harmless type of social order, nor contrary to good morals folk can help those who have lost fertility "lost independence parent" means the continuation of medical aid gene, can not solve the problem of pregnant women to reduce family conflicts, but also reduce child trafficking crimes from certain extent.3.Legalization of surrogate pregnancy type legal basis. Gestational surrogacy legalized type meets standards of justice, order and efficiency standards Standards Act.4.Gestational surrogacy legalized community-based foundation. Every eight couples in our country there is one who can not nurture their children. For some special physical conditions of women who want to have children with their own blood, to find someone Surrogacy is the only solution. However, China’s legislation on surrogacy legal effect there is low-level, specification is too general, and poor operability, far can not meet the practical needs of society. The article also research the social perception of the masses surrogate phenomenon. Analysis showed the presence of reproductive surrogacy and legally there is a certain social base, and after a reasonable limit after surrogate reproductive technologies, will be able to better meet the needs of society.In China mainland, surrogacy in the legal system is still a blank. And in the world, government surrogacy is a complex issue. Countries for surrogacy regulation mode can be broadly grouped into three types:a complete ban on type, type of government regulation and private autonomous. Looking extraterritorial legislation of surrogacy, limited recognize its legitimacy is the trend. Because surrogate belongs to a stage of artificial reproduction, while China has not yet developed human assisted reproductive technology law-related, so I recommended the development of "Human Assisted Reproductive Technology Act," which will be used as a surrogate chapter be regulated. The legislative bodies should put artificial reproductive legislation on the agenda, set up a special committee to study. The author believes that the legalization of surrogate will be a difficult, slow process, in this process, there are some principles that must be followed:1. The principle of non-commercialization;2. Administrative regulatory principles;3. People-oriented principle;4.Technology access principles;5. Taking into account the principles of confidentiality and informed;6.The principle of limited use. On this basis, the author of the main object surrogacy legal relations were analyzed. Including a review of the main monitoring agency, surrogacy services, surrogate principal, surrogate, the surrogate children; object is Surrogacy. In terms of regulation of surrogacy contracts, the author analyzes the main obligations of the Principal, the main obligations of default surrogate and the surrogate contract damages. In the identification of surrogate parenting identity, the author analyzes the theory and legislation of other countries and regions on the identity of the surrogate parent finds that since it is a surrogate, since it is different from pregnancy, on behalf of someone whose mind is pregnant fertility. Therefore it should be used as a traditional way of special existence since pregnancy, special treatment when identified parent-child relationship, the couple will be entrusted identified as surrogate children legal parents, surrogate mother and surrogate child relationship does not produce any identification on.