Study On The Legalization Of Surrogacy

With the improvement of science and technology, surrogate and other artificial fertility way has gradually been applied to people’s real life, but this technology has brought hope to infertile patients, but it is also a strong impact on the traditional ideas and ethics, the impact of the existing legal system. So many countries have legislation to deal with, in order to coordinate the resulting law is not new social problem avoidance. The related problem that at present our country on the whole for the surrogate human assisted reproductive technology faces, no special laws and regulations, only the Ministry of health department regulations stipulated on the part of the problem. Therefore, in our country at present the increasingly complex social situation, I feel the necessity of legal thinking on surrogacy, and combined with China’s specific situation of surrogacy legislation put forward some views.Misunderstandings for surrogacy legislation in recent years, the topic of discussion and research on the growing up. I think the emergence of surrogate this technology is to satisfy many infertility families to reproduce is a basic human needs a positive help. Surrogate this behavior on the basis points on the development of social civilization is significant, so a rule of law society should use the law to regulate it, manage it. This paper is divided into four parts:The first part, the author consider all views, and some of the existing laws and regulations, has carried on the induction, defines the surrogate and surrogate the reason has carried on the comprehensive analysis. Including the social reasons, history and human itself. Academic circles for the classification of the surrogate take different theoretical basis, the author mainly from the source of the gametes surrogate can be divided into three categories.The second part, through access to a large number of data, lists the surrogate birth of social status and the legislative status quo at home and abroad at present. Analogy of the legalization of surrogate and surrogate illegal representative national legislation present situation, surrogacy legislation to provide the reference for us.The third part, explains the author for a surrogate birth in our country’s legal basis and should follow three principles. Explores the legalization of surrogacy is the guarantee of the basic theories from three basic human rights of beneficial practice.The fourth part, The author focuses on the legalization of surrogacy, how to regulate and manage the surrogacy. The main idea is confirmed, including species,allowing the surrogacy surrogate body to limit the legal status of children, the surrogate and surrogate contract to regulate the behavior of the surrogate, and supplemented with new management institutions to manage and restrict it.