The Study Of The Regulation On Surrogacy Legislation In Taiwan

With the maturity and development of the artificial reproductivetechnology,which derived the surrogacy technology.In the modern society,there aremany women can’t bear.They have no choice but to choose the surrogacy technologyto have their children.But the surrogacy technology is forbidden by law for which iscontrary to traditional ethics.In fact,the contradiction between legal prohibition andthe actual demands,pushed the surrogate technology into into the shadows.And itbrought many social problems.Therefore,it’s necessary to regulate surrogacy by thelegislation,in order to resolve the conflict between the law and the society.And it cankeep the society stable and protect those related surrogate subject’rights.By investigating the surrogacy legislation of other countries and regions in theworld,some of them forbid it, some open it completely, and the others open it partly.Among them,the Taiwan region held the thought that the surrogacy can partially openon the condition, and the legislation has made some achievements.Especially the draftof the surrogacy law have released,which solved the surrogate problem.By the methodof comparative study and the text analysis,we can explore the ideas and specificmethods to solve the problem of surrogacy in Taiwan and summarize the experienceand the insufficiency, in order to handle the surrogate problemFrom the history of the regulation on the surrogate problem in Taiwan, it hasthree stages,there are ethical guiding, the administrative guidance and the legislativeguidance.Why it changed so frequent?It has two reasons.One is the needs of thechange of social reality, the other one is the theory of conflict and competitionpromote the change of legislation. The Artificial reproductive law and the Surrogatereproduction law released under the background. From the concrete contents of thedraft law of the surrogate reproductive,the legislation has made provisions to everyquestion.Before the surrogate, it should qualify the surrogate subject’condition andestablish the standard contract.During the surrogate, how to end the surrogate andhow to protect the rights of the surrogate,and confirm the surrogate medicalinstitution’s responsibility and moral duty; After the surrogate, how to guard theinterest of surrogate children, and how to confirm the right of visitation of thesurrogate.Besides,who should make and keep those surrogate paper and how can thesurrogate children to query the paper when they grown up and so on issues whichhave a corresponding rules.From the point of the legal culture which is behind the regulation of the surrogate,it is the result of the legal cultural’change, namely it is theresult of the legal culture competition,conflict and fusion.Thus, the relationshipbetween them is that the changes of the surrogacy legal culture directly affect thechange of surrogacy legislation, and the changes of the surrogacy legislationindirectly affect the change of surrogacy legal culture.It is interaction between them.Based on the investigation to the surrogacy legislation in Taiwan, the surrogatecan not ban it simply and can’t open it completely.We should combined the needs ofthe reality with the development of theoretical research and the development of legalculture to draft the surrogacy legislation.Only in this way,we can make the law on thepaper into practice, and can be effective to govern the surrogate.Besides,it cansafeguard the legitimate rights and interests of those surrogate related subjects andstable the order of the society and realize the value of law.