The Research On The Legal Regulation Of The Complete Surrogate In China

With the development of modern medical technology,the secrets of human reproduction and reproduction have been gradually revealed,and various medical technologies derived from it have been used in the field of medical treatment.However,the rapid development of society has brought in social progress but also caused great damage to the ecological environment,which triggered a chain reaction:air,water,food and other necessities of life quality of human beings gradually deteriorated,which also happened in the human genetic quietly change,which leads to more suffering from infertility couples infertility.In this population,a part of the system,even after a scientific treatment is still unable to reproduce.Relevant data show that the prevalence of infertility in China's fertility couples in the country accounted for about 13%,and its growth rate is also a straight upward trend.Therefore,many couples in the treatment after the failure,they thought of praying eager to "surrogate" to realize their desire to use the advanced medical technology,which leads to the surrogate market "hot" phenomenon.In our country,the civil disputes caused by "surrogate".With the development of science and technology and people's idea of progress,China's surrogacy legislation is still "blank",only in 2001 the Ministry of Health issued the "human assisted reproductive technology management approach",the original intention is to develop the management use regulation "test tube baby" technology.The approach prohibits medical institutions and medical personnel to implement surrogacy technology,but did not make any description of the other surrogate behavior.Today,many private surrogacy is still black box operation,and even in some places developed into a gray industry".However,due to the lack of surrogacy legislation in China has led to the chaos of the surrogacy market,participation in the implementation of the rights and interests of surrogacy technology can not be guaranteed.In view of the reality of the development of reproductive technology and the needs of infertile families,surrogacy technology should be conditionally open.This paper is divided into three parts,the author will analyze the nature of non-commercial surrogacy completely based on the concept and characteristics of clarifying completesurrogacy,discusses the legal road dispute,and try to complete surrogacy law on the rights and obligations of the regulation,improve the regulatory norms of all end surrogacy contract content and various departments,the operation has been standardized and legalized,thus contributing to its due value,the surrogacy behavior standardization and transparency.