Legalization And Legal Regulation On Our Surrogate Reproduction

The2014’s pregnancy has become an important issue in feminist concern, now with themedical science and technology continues to improve, the surrogate phenomenon has not rare,transnational and local surrogacy surrogate has formed a huge industry. But for the surrogatephenomena, both in the public’s attitude or in law, civil law and common law showed theopposite attitude. Surrogate phenomenon appears most early in the America California, someproblems appear subsequently caused widespread concern in society, by all kinds of newsmedia frequently reported. Legal problems related field, the rapid development of socialcontinuous development of attention and medical technology promotes the experts andscholars in various fields involved ethical issues of surrogacy, human rights issues such as amore in-depth exploration and research, at the same time, governments also gradually beganto various social problems caused by the importance of the surrogate for this socialphenomenon, and continuously improve the social policy, formulate relevant laws to regulatethe constraint of surrogacy, reduce or avoid the surrogacy adverse social impact, therefore, tofind the corresponding legal basis in legal norms are in these countries surrogacy parties eachparty’s interests, the party’s legal status and identity can be recognized legally, protected bylaw. In addition, public attitudes to surrogacy are relatively tolerant. In contrast, the attitude ofcivil law countries on the surrogate is less tolerant, relatively conservative thought of people,most people are very difficult to accept a surrogate for this social phenomenon, thesecountries also have almost no legal norms on surrogacy, China has so far not related legalnorms, just in the Ministry of health administration regulations prohibit the medicalinstitutions and medical personnel engaged in surrogate operation, because only theadministrative rules and regulations, if between any organizations and individuals in additionto medical institutions and medical staff of surrogacy agreement between them, so thesurrogacy contract effect, legal status, their parents how to affirm the status, these problemswere not involved in the legal norms of our country, is still in the blank state. With thedevelopment of society, the fact proves, simply rely on administrative regulations to restrictthe standard the medical institutions and medical personnel occupation behavior to prohibitsurrogate, in order to avoid some negative influence, is not realistic, can not fundamentally solve the problem, underground commercial instead causes of surrogacy, bring somemore serious social problems. In the face of such situation, we should do is to meet the socialdevelopment needs, formulate relevant legal norms, guidance and the restraint of surrogacy,surrogate technology enable the maximum service in human society, in combination with thepractical needs, there will be a surrogate conditions legalization, harmony and stability isconducive to social, can bring about new hope for the many infertile family, of course, this isnot a simple problem, relates to the legal issues and ethical issues have yet to be furtherstudied and solved, any one of the new laws will be faced with such new problems, but wecan not give up eating for fear of choking, which requires continuous research and exploration.This paper related legal problems involved in the surrogate and ethical issues for thepreliminary analysis and discussion, in order to provide reference for our country to theconditions in the legalization of surrogacy.The thesis is divided into three parts: introduction, text, conclusion, and the text has fourchapters, the specific contents are as follows:The first chapter: the definition of the meaning from the comparison of basiccharacteristics of surrogacy surrogate and related concepts, separately elaborated the differenttypes of surrogacy, surrogate basic theoretical issues discussed will be clear, first have apreliminary clear understanding to the surrogate, a solid foundation for the discussion belowlay.The second chapter: mainly discusses the surrogacy has its legitimate rights foundation,has its rationality, should be conditional legalization, should not be banned, should take arational and tolerant attitude to the realistic necessity to carry on the research analysis, at thepremise of not violating the principle of public order and good custom, protection of basichuman rights, the legal protection to meet the conditions of the surrogate.The third chapter: through the comparative study of the countries of Anglo Americanlaw system and continental law system in the legislation of the surrogacy analysis, sums upthe implications of foreign relevant legal system on the legislation of our country, put forwardour country can establish relevant legal norms, conditional will surrogate behaviorlegalization, constraints and regulation on the protection of the legitimate rights and interestsof the parties, the surrogate, laid the foundation for the next chapter of the legal system. The fourth chapter: through the discussion of the previous chapters, in response toquestions, the corresponding legal norm concept, from the construction principle, main bodycondition, the concrete system and the different aspects of the surrogacy contract specificallyexplicated.