Legal Issues Regarding Surrogacy

A surrogate is a Kind of artificial assisted reproductive technology, wnicn first appeared inUSA, along with the development of biomedical technology and rapid development. In today’s high rate of infertility, surrogacy as a relatively simple and feasible alternative method. The surrogate technology and other new and high science and technology, advantages and disadvantages, because of its wide application in the world, caused a series of legal, ethicaland medical issues, caused great controversy. For the implementation of the surrogatepurpose, object and scope of application, there is no uniform standard. Made a strongchallenge on the traditional theory of civil law, surrogacy problems caused by this, countries around the world have taken some measures. At present our country has not a special law to regulate surrogacy, the provisions mainly focus on the administrative regulations promulgated by the Ministry of health.This paper discusses and analyzes the causes of the legal and moral issues based onsurrogate, comparative study, case analysis of legality of surrogate method is adopted, so as to realize, to take a method to eliminate the prohibition of surrogacy, and not from the root of the problem, but should find a more reasonable method. In view of this, put forward a bold vision of surrogacy legislation in our country, in order to promote surrogacy from a legal perspective towards mature, perfect the direction of development.This article is divided into the following sections:The first part is the introduction part, including the four aspects of research background,research content, research methods, research significance.The second part is the summary of the classification of surrogacy, the surrogate based on defining the concept, and carries on the elaboration to the present situation of surrogacy in china.The third part is mainly about the analysis of the domestic and international surrogacylegislation present situation, from two aspects of domestic and abroad, introduces the current legislation of surrogacy, and summarizes the present situation of foreign legislation and Its Enlightenment to china.The fourth part is the analysis of the legality of surrogate behaviors, to demonstrate thelegitimacy of surrogacy from the angle of ethics and law, and expounds the problem by the surrogate to ethics and procreation right, body right and the legal basis, the analysis of various contradictions and conflicts existing, set the foundation for the legalization of surrogacy;The fifth part analysis of surrogate reasonable value of existence, from multiple angles to demonstrate the necessity of the existence of a reasonable surrogate.The sixth part types and regulation of surrogacy, distinguish different types of surrogacy,according to different types, according to the principle of regulation.The seventh part is the legislation conception of China’s surrogate, part of the argument put forward based on the former, basic principles and framework of surrogacy legislation.The eighth part is the conclusion, summarizes the research results of the article, pointing out its shortcomings, and further prospect of the next step research work.