Research On The Legal Issue Of Surrogate Contract

Chinese traditional culture and social ideas has a great influence on Chinese family of procreation conception, the concept of procreation ingrained in the minds of the Chinese. The potential need on surrogate is very large, because of the number of women who are unable to bear children due to the uterine defects or other reasons is increasingly. With the progress of science and technology, surrogacy technology matured gradually, which bring hope for many infertile couples. But China’s Ministry of Health has issued strict rules to banned all types of surrogacy. As a result, the surrogate technology application forms could not be in accordance with the situation. This paper argues that our country should adapt the needs of the times, and it distinguishes the types of surrogacy contracts, and it advises that China’s Law limited admits the legality of surrogacy contract, so we have to regulate the surrogate parenting agreement to make a surrogate transparency. Only in this way can the positive role of surrogacy be used, and can the negative influence be avoided.This article is divided into four parts. The first chapter is the introduction of the basic problems of surrogacy contract. The main contents include the definition, the category of the surrogacy contract, the characteristics of surrogacy contract, analysis and comparison with surrogacy contract and traditional commission contract.The second chapter makes a comparative analysis of the surrogate parenting agreement legislation in two law systems. The author provided the information of some examples of typical legislation and legislation process in civil-law system and common-law system. Then it compares the different characteristics and similarities between the two legal legislation.The third chapter is about the legal effect of surrogacy contract. This part includes three contexts, the first part is about the theoretical basis of the legitimacy of surrogate contract, the second part is about the legally binding and controversy of surrogate contract, the last part analyzes the default and the rights relief of both parties of the surrogacy contract.The last chapter is about the regulation on surrogate contract in our country. It mainly includes how to regulate the effects of the surrogate contract, regulate surrogacy contract from the qualification and the review and the record of contract, and other aspects, and how to determine the paternity of a surrogate child, at the same time, it puts forward the legislation suggestions on surrogacy contract legislation.