On The Legal Issues Of Surrogacy

The development of human assisted reproductive technology has benefited many infertile families.However,this technology cannot solve the problem of infertility caused by some factors such as female uterine diseases or serious diseases,which has led to the generation of surrogates through human assisted reproductive technologies.The emergence of surrogacy has made many infertile families rekindled the hope of fertility.Now more and more children are born through surrogacy.Because surrogacy involves a series of complicated issues such as laws,morality and ethics,the law does not stipulate this in our country.It only prohibits the surrogacy in the department regulations,and only requires that the medical institutions and medical personnel prohibit the implementation of surrogacy.However,the existence of surrogacy has become a fact.It cannot be banned because of the legal,moral and ethical controversy of surrogacy.The existence of surrogacy has its rationality.The law should guide surrogacy,make surrogacy more standardized,and realize the value of surrogacy.Therefore,the author proposes to use the advanced experience of extraterritorial surrogacy,combining China's national conditions,to conditionally open surrogacy,which let more infertile families have one more legal birthing pathways.This thesis is divided into four parts:The research background,significance of surrogacy,research status at home and abroad,as well as the research methods and innovations are introduced in the first part of this thesis.The second part introduces the relationship between human assisted reproductive technology and surrogacy.The emphasis is on the concept and classification of human assisted reproductive technology and surrogacy,as well as some of the legal,ethical and social problems they have caused.The third part introduces foreign legislative attitudes on surrogacy,which are complete prohibition type,limited open type and completely open type.The present situation and deficiency of the legislation of surrogacy in China are also expounded,and on this basis,the Enlightenment of the legislation of surrogate to our country is put forward.The fifth part expounds the necessity and feasibility of the limited open type surrogacy in China,and puts forward the legislative proposals for the limited open surrogacy in China.