The Theory Of Legal For Surrogacy In Our Country

On March 8, 2015, the first case about one mother lend uterus to her son in the world has sparked the controversy about "moral ethics". Advanced technology of artificial reproductive has not only break through traditional concept of reproduction, but at the same time helping infertile couples achieve the fertility desire has also bring challenges to moral and ethical. Surrogacy means artificial reproductive technology in the application of assisted reproduction technology, it is combination the will entrust couples’( infertile couples)sperm and egg through artificial insemination and implanted into the entrusted(surrogate mother)uterus,after delivery entrusted inoculation bring fetus to the clients. In 2001, China had banned surrogacy through administrative commands, but prohibitive provisions didn’t avoid the phenomenons of surrogate, on the contrary this industry transferred to the underground and disputes occur without laws.The article use comparison research method and theoretical analysis method to divided this thesis into three parts. First of all,to set the lack of legal norms for surrogacy in our country as the background, to analysis existing problems of the practice such as the main subject confusion, identity and age indefinite, inadequate protection of the rights and Parent-child relationship no unified standard. Second, to introduces the extraterritorial attitude of surrogacy legislation,surrogacy subject qualification and the surrogacy parenthood cognizance, summarizes the advantages of extraterritorial legislation, wanna take advantage of other countries’ legislation. Finally, by drawing lessons from other countries′policy about limited opening surrogacy, on this basis put forward superficial views such as how to restrict main body of surrogacy, rights protection and the cognizance of the parent-child relationship.