Research On Legal Regulation Of Complete Surrogacy Issues

With the development of human assisted reproductive technology, surrogacy has become a very mature assisted reproductive technology, the success rate is relatively high. The Administration law of Artificial Assistant Reproduction Techniques (published 2001 by Ministry of sanitation)has clearly forbidden medical institutions and medical personnel to do surrogate operation in any forms:Due to regulations prohibiting surrogacy is not in regular hospitals, only separated from the gray area outside the law. On one hand, Surrogacy meets the aspirations of those that can not have children of couples with normal fertility. On the other hand, is just ban regulations, penalties and limited efforts, resulting in a series of social problems. In recent years, whether the release surrogacy prohibitions is discussed fiercely. The first view is that surrogacy is conducive to stability and social harmony in the family, should be legalized; the second view is that surrogacy violates ethics, violations of public order and morals shall be prohibited. The third view is that the legislator should take the reality,and they are developing out of control. Therefore, the legislator should take the reality, and they are developing out of control. I agree with the third point of view, given the high demand of our society and "full Surrogacy" no harm to society, law makers in China should appropriately open full surrogacy and ban other types of surrogacy.There are four parts in the text following these contents:The first part, starting from the basic concept of surrogacy and the connotation, surrogate of several basic types carried out a detailed study on the classification and clearly this article is limited to full pregnant.We can recognize the legality of full surrogacy and ban "regional surrogate" and "embryo donation pregnancies".The second part, surrogacy legislative situation were analyzed and compared at home and abroad.Inspired by the advanced surrogate legislative experience, many countries have liberalized restrictions Surrogacy. Surrogacy legalized admit gradually become the mainstream legislation. Combined with the inadequacies of our surrogate legislative,full surrogacy will be necessary to our best choice.The third part,analyzing the demand of surrogacy by a large number of peoples, protecting the surrogacy parties and the reduction of child trafficking criminal offense, we can conclude it necessary to make the legislation of full surrogacy in our country. Based on Surrogacy is fully in line with the legal basis,ethical and Protection of reproductive rights of the parties, Surrogacy completely legalize theoretical basis.The fourth part, Specific legal regulation of surrogacy issue completely legalize full exposition, including The parties signed a surrogacy contract and their rights and obligations in the contract, Commissioned by the couple and the surrogate mother of the main qualifications, responsibilities of regulatory authorities, The legal status of children and surrogate mother Surrogacy, The parties dispute occurred in surrogacy process and ways to solve.