The Theory Of Limited Open And Legal Regulation Of The Surrogate

At present, the strict ban on surrogacy, but the prohibition surrogatephenomenon is still. A total ban on surrogacy, difficult to solve the problem of thereality of social demand, causing a surrogate underground operation, the resultingsurrogate dispute is difficult to solve in accordance with the law. This paper arguesthat limited open a surrogate, the legalization of gestational surrogacy, prohibitcommercial surrogacy, and through reasonable and effective legal measures toregulate, gestational surrogacy legal and rational operation in the society, serve thesociety. This article for a surrogate limited open and legal regulation is mainly fromthe four aspects to this argument.The first part introduces the basic knowledge of surrogate and the presentsituation, including the concept of a surrogate, characteristic and type, analysissummarized surrogate faced problems and difficulties, as well as the existingsurrogacy legislation status quo.The second part of this paper to support a surrogate limited open to reason, mainis based on the entrusting a surrogate have reproductive rights, surrogacy has bodysway, surrogate disgraceful consideration not violate, surrogate conform to paretooptimality those reasons argument to support them.The third part illustrates the necessity of surrogacy contract regulation, tosurrogate the effectiveness of the contract, to distinguish between different types ofsurrogacy to determine a surrogate the effectiveness of the contract, for thegestational surrogate and surrogate shall be accepted free of charge, as long as in thecase of the meet the requirements of contract comes into force, shall not conclude thatit is invalid. With reference to our country contract law applies. Of surrogacy contractfrom a surrogate form factor, effect factor is regulated, surrogacy contract content,etc.The fourth part is discussed through legal regulation to solve the problem of theconfirmed the good surrogate son parent-child relationship. It mainly discusses the of surrogate parenthood confirms the necessity of legal regulation; Parent-childrelationship confirmation of principle, the author thinks that in defining the surrogateparenthood should adhere to a surrogate for reproductive purposes is given priority to,children benefit maximization as the auxiliary principle; Should protect the interestsof the surrogate baby.