The Legal Re Gulations Of Non-commercial Completely Surrogate Birth

Because assisted reproductive technology developments and strong social demand, surrogacy become a difficult to ignore social phenomenon. As it involves complex relationship such as ethics and tort, many countries are cautious about it. In the foreign countries, there are three kinds of management mode, private law type, a complete ban self-government type, and government supervision type.Our country bans any form of surrogacy, but surrogacy has not been eliminated. Private behavior of the technology has a strong impact on moral and law. Against the surrogacy view contains, it violate the public order and good custom, will bring personal body commercialization, produce the impact on traditional family fertility patterns, etc. It reflects the conflict between the traditional ethics and the technology development and the individual reproductive rights and public interests.To protect the generation right of the sterile couples, prevent the abusing of the surrogacy, our country should establish an effective supervision mechanism, classification of surrogacy, recognizing the positive role of the non-commercial completely surrogacy, moderate, limited to open a surrogate birth, admitted its legitimacy,bring it within in the orbit of legality, realize the combination of law and ethics.The completely surrogacy has the characteristics of artificiality and stage.Because of it doesn’t use the surrogate mother’s eggs in the process of implementation, so won’t produce the legal issues such as the surrogate children’s position difficult to confirm. Tts non-commercial characteristics is not against the public order and good custom and the spirit of the law of our country, greatly improving the social public acceptance.Our country should take complete by the government supervision mode, through legislation establishing the scope of public power and program, establish the franchise system of it,make it play its due value, so as to solve the increasingly serious infertility problems, promote the overall progress of human civilization.Except the introduction and conclusion, this article is divided into four sections:The first chapter, introducing the related problem of surrogacy. leads to the concept of the non-commercial completely surrogacy; The second chapter, for the ethical defense of the non-commercial completely surrogacy, find out the theory basis of it; The three chapter, abroad on the surrogacy legislation of foreign countries, providing legislative reference for our country to; The fourth chapter, The legal construction of the non-commercial completely surrogacy.