The Research Of The Validity Of Gestational Surrogacy Contracts

The National Health and Family Planning Commission will continue to crack down on surrogacy,but it does not stop the disagreement on the surrogate.At present,whether in theory or practice,the nature of surrogacy is still debated,and opinion about that is divided.The free and gestational surrogacy is the rational use of reproductive technology for infertile couples,which is still in the scope of exercising the right.And it also does not violate public order,fine custom or moral emotion,it also can be in harmony with social moral civilization concept.Type gestational surrogacy is the combination of the product that reproductive rights from couples and legal interests of the independent disciplinary body from surrogate female.The international experience also tells us that as long as the control method is proper,maintain the surrogate female of human dignity,ensure the healthy not suffer from the damage which cannot be undone,provide infertile couples with the use of assisted reproductive technology,realize of birth with their own blood children and their emotional interest,it should be accepted.Surrogate type and various modes of motivation are accurately analysis and processed,and the moderate amount of legalization,which can ensure two results: firstly it can safeguard the rights and interests of fertility,secondly it can reduce both commissioned couples and surrogate female's exploitation and oppression suffered by surrogate activities when they turn to the underground black market,so this effect is better than banning it.With the increase of social public awareness of the surrogate,the recognition and tolerance are also rising.The impact of the limited opening of the surrogacy system on the life ethics and social morality will become weaker.When the surrogate system is for the purpose of treatment of infertility,it can guarantee the authorize couple,the surrogate female and surrogate children's rights,it also does not violate social ethics and family ethics.The strict limited opening of surrogate not only has its rationality and legitimacy,but also has the reality urgency and feasibility.Therefore,this article mainly discusses and studies on the effectiveness of the pregnancy surrogacy contract signed by the surrogate woman when the wife is unable to conceive.The text mainly consists of four parts:The First part mainly introducesthe current surrogacy legislation in our country,the judicial practice and academic point of view,asks and abstract some questions,through the view of legality and appropriateness of the content,how to look at the effectiveness ofsurrogacy contract;From the perspective of the exercise of rights,how to treat the surrogate?Whether it is detrimental to human dignity? Is thisstill for the exercise of right,or already beyond the scope of the exercise of rights?The Second part explores the relationship between legitimacy and appropriateness,and probes into the effectiveness of surrogacy contract.At the same time,it points out that it is difficult to deny the validity of surrogacy contract.Only appropriateness can be used to determine the effectiveness of the contract.Moreover,it analyses the effectiveness of pregnancy surrogacy contract,from the perspective of personal dignity,reproductive rights,and the autonomy of physical law.It points out that the non-commercial and altruistic surrogacy is the product of the combination of the right to exercise the right to procreate and the right to exercise the right of self-benefit of the surrogate woman.In the Third part,the author points out that the validity of our country's pregnancy surrogacy contract is in accordance with the principle of law and reason.It draws on the experience of foreign law,and puts forward how to construct a set of perfect surrogate contract system in China.It can not only protect infertile couples to have children of their own lineage,but also ensure the surrogate woman's health and dignity.The Fourth part is the conclusion.Under the diverse background of social value,how to treat the problems that if the contract is contrary to common,the correct approach is that it should be combined with their cultural background and socio-economic conditions.Under knowing the real needs of the country and the society,the state makes value judgment and interest measure,which conforms to the requirements of the new times,and maintains the development of predictability.