An Analysis Of Limited Openness Of Surrogacy

Surrogacy technology, as an advanced new tool, brings the society convenience as well as certain social ethics controversy. Absolutely abandoning surrogate technology could not solve any problem. Since the realistic surrogate demand, prohibiting it might not meet the purpose of judicial practice. As an old saying goes,' it is better to divert than to block.' There is a request of regulating this surrogacy relation legally. Recognizing surrogate behaviour in a limited way could be not only a historical necessity and progress, but also the requirement of maintaining social harmonious. Opening full surrogacy selectively and developing relevant laws and rules are recommended in this paper, according to the maturity and development of society. It is divided into four main parts in this research.To begin with, the first part is about the analysis on related theory of surrogacy, which was explained in two steps. After discussing the concept of Surrogacy, the surrogate behavior was categorized according to different criteria. The second part introduces the present situation of Surrogacy. First of all, the author analyzed current situation of the overseas surrogacy legislation, and then explored the attitude towards surrogacy of local country. In recent decades, with the development of science and technology, a surrogate technology and the ethics have begun to change. Since the "two-child" policy implemented in January 1,2016, it aroused a new attitude and opportunity to surrogacy, considering its appearance in China. Through analyzing the current situation of overseas surrogacy, it is realized that signs indicated domestic country changing the attitude. Moreover, it might be the moment to apply the limited-opening surrogacy policy, and to admit full surrogacy. The third part describes the connotation limited surrogate and necessity of limited openness on Surrogacy from the following five aspects.1. The reality demand of surrogacy.2. Infertile women achieve the needs of reproductive rights.3. The surrogate mother meet the needs of dispose of its body right freely.4. The emotional comfort of elderly parents who lost their only child.5. The influence of the "two-child" policy. The fourth part mainly expounds the legal regulation of surrogacy in our country. First of all, it describes the legislative proposal of the surrogate range. Secondly, it discusses the legislative proposals of the surrogate contract.1. The subject qualification of the parties to the surrogate contract.2. Legal effect of surrogate contract.3. Liability for breach of contract. Then, the author puts forward some legislative Suggestions about how to identify the parental rights of the surrogate child. Finally, we recommend setting up a specialized management surrogacy agency.