On The Legal Regulation Of Surrogate Behavior

Along with the level of science and technology improve continually all over the world,the level of medical care has also improved and progressed accordingly.However,social and economic steady development and progress at the same time,it must be accompanied by the destruction of the environment and the breeding of the disease.Therefore,although the level of medical advanced a lot compared with before,but still exist a series of incurable diseases is difficult to completely cure or even effective control,infertility is one of them.However,it is precisely because of the existence of infertility to promote the level of human assisted reproductive technology,resulting in the legal challenge and ethics controversial surrogate behavior occurs.Therefore,as one of the medical and reproductive technology,surrogate birth technology has become increasingly caused the majority of infertility patients pay close attention to.As a surrogate birth involved in traditional ethics,the family parent-child relationship and other complex social problems and legal problems,all countries are cautious to its,overseas for surrogacy legislation attitude mainly has a complete ban,completely open and limited open three types.Although our country for the surrogate to take a total ban on the attitude,but a surrogate phenomenon have not disappeared,instead of underground operation,triggered a series of ethical problems.Therefore,surrogacy as infertility patients of reproductive rights relief way finally,its existence has a certain legitimacy basis.However,implementation of surrogacy technology can help many infertile patients achieve its fertility desire,but caused tremendous damage to other ordinary social public in terms of ethics and social order.Therefore,in order to prevent others illegal abuse surrogate birth technology,safeguard the legitimate reproductive rights of infertility patients,we must absorb the beneficial legislative experience of other country surrogate,combined with the actual situation of our country,clear the legal position of surrogacy in our country,limited open part of surrogacy,and unified regulated the surrogacy subject qualifications and identification standard of surrogate parenthood.At the same time,take the administrative regulation mode under the national public power intervention,set up dedicated surrogate regulators,take the surrogacy into the track of legal regulation,and actively take effective legal countermeasures to reasonable regulation surrogate phenomenon.In view of this,this article mainly through the comparative analysis and literature research method to draw lessons from foreign surrogacy legislation and related theory,and divided into three chapters.The first chapter,the author mainly from the both sides surrogatesubject qualification,the identification of surrogate parenthood,and surrogate behavior regulation three sides to reviewing the current situation of our country legal regulation system for a surrogate,to reveal the legislative defects of the total ban on any surrogacy in China.The second chapter,the author through to carding the legislative status quo of the outside of surrogacy,summarizes the outside of the beneficial legislative experience,combined with the situation of our country to absorb it to surrogacy legislation in our country.The third chapter,the author will focus on the carding of the status quo of surrogacy in our country,put forward some personal suggestions from the aspects of the limited legalization of surrogacy in our country,the restriction of the surrogacy subject qualification,the identification of surrogate parenthood,the establishment of surrogate regulators,etc,and hope to be able to explore the legal way to effective properly solve a series of social ethical problems triggered by surrogacy.