Research On The Legal Regulation Of Surrogacy

Reproduction enables humans to survive, and has always been one of themeanings of life pursued by people. However, when women cannot perform thenatural duty of giving birth due to various reasons, it will have negative influences ontheir family and even on the society. Surrogacy is a new artificial supplementaryreproduction technique that has come into existence with the advancement of socialand science technological development. It has filled the empty space in the technologyof tradition artificial reproduction field, and has brought happiness to many familiesthat would have been childless. However, there are still technical barriers in surrogacy.More importantly, surrogacy has to do with individual privacy, requiring a third partyto be involved apart from the couple who wants a child. Making a third party to be thepregnancy mother is a feature non-existent in traditional reproduction technology,which has a strong impact on the ethics and morals, orders and existing legal systemsof the society.The academic circles hold two distinct viewpoint of surrogacy, differentcountries also have different attitudes towards surrogacy. In general, theAnglo-American Law system countries tend to have positive attitude, the ContinentalLaw system countries tend to have negative attitude. Our country has conservativecredentials on surrogacy, Surrogacy is prohibited by law in2001, the Ministry ofHealth enacted Measures for Administration of Human Assisted ReproductiveTechnology. Two years later, Specification of Human Assisted ReproductiveTechnology and some other regulations about human assisted reproductive technologyare enacted in succession. These two legal provisions are consistent in the issue ofsurrogacy—they prohibit it. Besides, China has not passed any specific legislation forthe regulation of surrogacy. Although China prohibits surrogacy, the high demandfrom the society pushes the number of surrogacy cases to increase. The absence andprohibition of legislation cannot curb this phenomenon or help protect the partiesinvolved, especially not favorable for the legal rights of women. The indifference ofthe country to the issue of surrogacy makes the social problems caused by surrogacy ever sharper, and has formed a vicious cycle through development. This is notbeneficial for the construction of a more stable and harmonious environment for bothfamily and society. The country has to solve this problem of surrogacy sooner or later,and it is also the inevitable result of the advancement of laws and society. The solvingof this problem requires the continuous improvement of China’s legal system. It ishigh time to use legal means to regulate surrogacy.This article based on the China’s national conditions, make clear the defects ofthe surrogacy legislation and analyze the basis on principle of law and the necessity ofthe rationality of surrogacy. Construct the complete legal system of surrogacy throughthe study of foreign law on surrogacy and drawing on the experience of theexperience of other countries for reference, and promote the social development andthe rational use of surrogate technology. Except introduction and conclusion,thisarticle includes four parts:The first part, an overview on surrogacy. Give a full description of Surrogacy,make people have a more objective and clear understanding of surrogacy, and lay atheoretical foundation of the words that follow. The cause of surrogacy, concept ofsurrogate birth and types are described in this part, and air my views, in the sametime.The second part, the introduction and analysis of legislation of surrogacy inforeign countries. This part introduce the Anglo-American Law system and theContinental Law system’s typical countries’ legislation of surrogacy, point out thedifferent attitudes of two systems. Have a complete cognition of surrogacy, and usethese theories to conduct the construction of legal system of surrogacy.The third part, the status of national legislation regulations in China and theacritical analysis of the legislation. Point out the urgency of improving the existinglegislation. Analyze the rationality of Surrogacy, from the principle of public orderand good morals, reproductive rights, health rights and the worth of society, physicand science of law. Proved that the legality of surrogacy is reasonable and necessary.The fourth part is the institutional design of legislation for the regulation ofsurrogacy. Make a specific design in basic principles, the type of the act of surrogate, qualification of surrogacy mother and sterile couple and their rights and duties, theregulation of surrogacy agreements, administrative and executive agency, the identityof the baby given birth by a surrogate mother and legal liability. Hope it is useful tothe perfection of surrogacy legal regulation.