| The emergence and development of assisted reproductive technology can effectively address the reproductive problem that the infertile couples face.In the past,for the couple who could not complete the process from pregnancy to childbearing because of wife's health problem on the condition of technical restrictions,their desire for a biological child could hardly come true.Thus,surrogacy was brought into existence in 1970s as a piece of good news for infertile couples.In the face of surrogacy as new social need and phenomenon,different countries and regions take largely different attitudes,which can be categorized into two types:one suggests that surrogacy should enjoy a legal status but be strictly controlled from the legislative and practical perspectives,and the other negates the efficacy of surrogacy,arguing surrogacy is illegal.Surrogate behavior itself is no good and evil,but because of its great medicinal value and practical value as well as there is a larger ethical and technical risk,so whether in the process of application for scientifically guiding and reasonable regulation becomes crucial.The Management Measures for Human's Assisted Reproductive Technology promulgated by Ministry of Health in China in 2001 had clearly specified the absolute prohibition of surrogacy.But legal ban did not put an end to happen the surrogacy,caused the rise of underground surrogate industry instead,eventually led to the law can be a mere formality.When the keyword "surrogacy" is searched in the search engine,there are over 2 million relevant results,most of which are about the advertisements of surrogacy companies and the information of surrogacy websites.Relevant provisions in China neglect the monitoring over underground surrogacy companies or institutes,which will not only harm the rights of surrogate children but also cause the failure to protect the rights of the couple who entrust the surrogacy and the rights of surrogate mother.Now,it is necessary to confront such a social fact:due to the growing number of infertile patients,the rapid development of human's assisted reproductive technology,and people's increasingly stronger consciousness of right,the objective existence of surrogacy is inevitable.Against such backdrop,our country existing surrogate related problems to be solved,the legal system only accordingly,can we truly achieve the party in the behavior of surrogacy regulation and protection.In the world,most countries have adopted a total ban on legislative cases,regions have begun to gradually limited open change.But because our country's long history and the influence of traditional ethical and moral concept,it is necessary to implement surrogacy in our country's limited open,first to fully understand the classification of surrogacy and as the foundation,the existing surrogacy legitimacy said affirmation and negation system analysis with two kinds of theoretical perspectives respectively,find out the cause of the legalization of surrogacy delays in a unified point of view.Secondly,combination has limited open legislative example of the practical experience of countries and regions,to develop a surrogate behavior which accords with the situation of our country limited open concrete types,namely the establishment of free completely legal status of surrogacy,in order to realize in the protection of special subject of reproductive rights at the same time,maintain the stability of the society and family.However,to make the surrogate behavior but not disorderly and orderly development,requires the legal regulating of the stronger.Surrogacy shall vest in civil legal act,so in the principle of legal restrictions on the basis of the application of surrogacy,and the qualification cognizance of the subject,the main body to define the rights and obligations,access to medical institutions,the establishment of the supervising agencies and the establishment of the social relief mechanisms on perfecting legislation,such as formation against surrogacy relatively comprehensive legal regulation system. |
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