Research On Surrogate Problem From Human Dignity

The contemporary era the concept of human dignity is originated in Germany philosopher Kant’s moral philosophy. Kant put forward a view that human itself is the purpose, everyone should regard people as purpose rather than tools, which greatly promote the personal status and the value of individual existence, so the authority take this view of the human dignity as a constitutional principle to construct the basis of free democracy constitutional order, so as to guard against the historical tragedy of brutal appearing again.As is known to all, with the high-speed development of economy, life technologies developed quickly, which surprised us. Life technologies is a complex of science and technology of physical, chemical and biological molecules, engineering working in biomedical science. On the one hand, it has the benefit to the people, the pursuit of human mystery on the bright side, on the other hand, its improperly use will make people materialized, commercialized and violate the laws of nature.As a reproductive technology, sexual reproduction which apply artificial insemination, implant the zygote into a womb and birth, has obtained great achievements. This technology brings the people who suffer from unable to have children a hope, but also causes some problems about the surrogate mother and embryo protection, and attacks the basic values of traditional human right to life and human dignity, ethics, morality, law, marriage. The article will study on surrogacy and derivative problems, mainly including whether human dignity of surrogate mother are violated in the case of surrogacy, a surrogate mother’s self-determination, how to resolve the conflict between the reproductive rights protection of the infertility couples and the guarantee of a surrogate mother’s personal dignity.In this article, we will back to Kant’s philosophy to review the personality dignity. The first of all, we tease out the theory of the human dignity whose definition is "the personality itself is objective", whose connotation is "everybody has an obligation to abide by the rational"; then analyzes the concept and types of surrogacy arrangement; thirdly, analyze the arguments in favor of surrogacy which is reproductive rights and the argument against surrogacy which is the human dignity. And conclude that the reproductive rights is a constitutional basic rights should be guaranteed, but because of its influence to the personal dignity of others may be limited; finally, although the personal dignity of a surrogate mother received a violation, but it will not affect other people exercising their rights, the law can’t strongly get involved. The article’s view is that a total ban on surrogacy is improper, open altruistic surrogacy is better.