| Surrogacy, commonly known as “to breed baby in a borrowed womb”, is a modern reproduction referring to using advanced medical technology toinject the husband’s sperm of the entrusting couple requiring surrogacy, or the successfully embryo or fertilized eggs,intothewomb of woman who surrogates the pregnancyfor the couple’s wife to be fertilized or to be pregnant, and after the child is born, the entrusting couple shall raise and hold the paternity right of the child. There are various surrogacy forms, mainly including the paid surrogacy, the free surrogacy, the gene surrogacy, the pregnant surrogacy and so on. At present, our national infertility rate continues to rise, which brings abouta large market demand for surrogacy. Surrogacy intermediaries use a variety of media activities frequently, and even some medical institutions are illegallyuse surrogacy technologysecretly. These actions have accelerated the surrogacy businesses.Measures should be taken as soon as possible to make a comprehensive improvement of surrogacy. Especially, a law should be made to speculate that surrogacy act is a crime andimplement criminal punishment on it. Currently, our country mainly regulates the surrogacy act by implementing rules of the Ministry of Health to completely prohibit the use of surrogacy technology. However, there is a serious drawback existing in the complete prohibition regulation mode. The law in in a low level andhas insufficient legal authority. Moreover, relevant criminal legislation is not implemented and punishment only covers a small group. Because of all these problems, despite repeated bans, surrogacy in China can’t be stopped. At the same time, surrogacy is against human reproduction law, changes traditional family ethics of human beings, commercialized and mechanizes the womb, and ignores the interests of the surrogate children. Thus, it has, eventually, strongly touched the bottom line of human and social morality and ethics. What’s worse, surrogacy induces a variety of crimeswhich provokes our national laws and regulations. Surrogacy behaviors are like flooding which will bring the society various difficulties. Therefore, it has very serious social harm, and it is necessary for us to speculate the act as a crime, so as to effectively curb the behavior.Surrogacy occurs throughout the world. Facing the various problems brought by it, countries have formulated legal regulations on it. But the regulation modes of all countries are different. To sum up, there are three main types, namely,completely banned, restricted-open type and open type. We can draw lots of inspiration by analyzing the typical surrogacy laws under different models of different states. We should enhance the level of legislation efficiency of surrogacy, expand the scope of the subject of suspected surrogacy crimes, formulate and add criminal provisionsin Criminal Law related to surrogacy, and make full use of the existing charges to strengthen the law enforcement by severely punishing all surrogacy dealers under the current situation.In order to regulate the surrogate behavior more effectively, I believe that a new surrogate crime should be set up in the criminal law to set the surrogate as a crime. Surrogacy crime refers to the acting people’s violation of laws by implementing surrogate activities, which are serious behaviors and shall be subject to criminal penalties. The main body of the surrogate crime includes the surrogacy agency and medical institutions and personnel operating surrogate surgeries. And the object is life ethic relationship of human society, life of surrogate mother and health right protected by the criminal law of the People’s Republic of China. The subjective aspect is intentional crime, while the objective performance is the implementation of surrogacy related behaviors, which haveseriously disruptedthe social order, or seriously harm the health of the surrogate mother and even cause their death. |
