Study On The Legalization Of Surrogacy And Related Rules

Although the law of our country is strictly forbidden to surrogacy,the prohibition of this legislation is not only forbidden but also bred many social problems because of the huge market demand.The author thinks that,on the one hand,as a biological science and technology development of new products,a surrogate in many aspects of the adjustment of positive significance is far greater than its negative effects,such as:improving the one-child family in loss of the quality of life,under the condition of changing traditional fertility concept aspect and improve on the phenomenon of an aging society in our country has a positive role.Only in our country,on the other hand,the ban on surrogacy,but current law is not possible problems for a surrogate to provide solution path,the relief way,although the method has banned,but without clear protection method,it is likely to lead to surrogacy become gray areas,difficult to get the regulation and supervision.This paper adopted the method of case analysis,comparative analysis and literature review surrogate study and analysis of this social phenomenon,tries to provide new ideas for surrogacy legislation,in order to solve the related problems in the process of surrogate.The body is divided into four chapters.The details are as follows:In the first part,the concept of surrogacy and its concept of phase approximation are compared,and the concept of surrogacy is determined by the concept of the womb and the egg type artificial in vitro fertilization.Through the classification of surrogacy,according to the genetic relationship between the surrogate mother and the child,the surrogacy was divided into complete surrogacy,local surrogacy and donor embryo surrogacy.According to the amount of payments,the surrogacy is divided into commercial surrogacy,compensatory surrogacy and altruistic surrogacy.Then,through the analysis of current legislative status,the current situation of judicature and social reality of China,the shortcoming of the legislation of surrogacy in China is found,which is the basis for the later text.The second part of each country for surrogacy legislation analysis and comparison,the attitude towards the behavior of some countries in the world at present for a surrogate to classify,the type of the countries in the world is divided into a total ban on surrogacy,conditional open surrogate and completely open surrogate the three categories of countries.Through the comparative analysis of three types of country legislation present situation and the current situation of implementation,and together with the present situation of our country's economy and the historical and cultural traditions,it is concluded that the legalization of surrogacy should be limited and opening-up in China,at the same time a surrogate legalization should be limited and the habit of their tradition and reality need corresponds to the enlightenment.The third part analyzes the necessity and feasibility of the legalization of surrogacy,based on the surrogate behavior and demonstration of Chinese traditional ethics,don't think limited open a surrogate could trigger chaos in the ethical order,and from a surrogate contract in contract law in our country under the existing framework for regulating the Angle are discussed,and it is concluded that under the current legal framework to implement a surrogate limited legal to justify this conclusion.The fourth part is the system construction of the limited legalization of surrogacy in China.The author first regulated the legislative principles of legalization of surrogacy,and then to surrogate contract effectiveness of regulation,on the one hand,the qualification for the parties to the contract and to restrict the rights and obligations of both sides,for about a surrogate questions in judicial practice,should take the children to benefit maximization,considering the principle of guarantee in the parent-child relationship of children's interests and for privacy and the right to know in the process of surrogate children benefit maximization principle.On the other hand,the content of surrogacy contract is also regulated.Then the author puts forward some ideas about the construction of surrogacy supervision system,and clarifies the supervision scope and main responsibilities of the surrogacy regulator.In this paper,the legislation of surrogacy legislation,the responsibility of surrogacy supervision agency and the construction of parent-child relationship are discussed,and the legislative conception is put forward for the process of the limited legalization of surrogacy in China's future.Current law rules for medical institutions and medical personnel only ban on surrogacy,but on the relationship between the surrogate mother and husband and wife,a surrogate mother of rights protection and how to determine the legal status of surrogate children all have no to provide solution path,the relief way and so on carries on the detailed rules.China's "marriage law" and "population and family planning law" on the issues of the surrogate is blank,so for a surrogate problems,such as the legal status of the effectiveness of the surrogate agreement,surrogate children and whether a surrogate mother should have visitation and other related problems,should be clearly defined by law.Our country does not have relevant legislation to regulate,resulting in the legal practice can not depend on the dilemma.If the custody of the children have taken place in dispute parties dispute and appeal,the court for the protection of the interests of the children,it is necessary to confirm the parent-child relationship,determine the principal or a consortium of a surrogate mother for children.This paper,through the comparative study on surrogacy legislation in other countries,combined with the historical tradition and social reality of our country,aims to make relevant proposals for the legislation of surrogacy.