Research On The Legalization Of Surrogacy In China

Surrogacy for many infertile families to bring hope,at the same time,a series of problems derived from illegal surrogacy has become a legal phenomenon can not be ignored.China's regulation of surrogacy laws and regulations are still blank,leading to the legal profession on the legalization debate,the administration of justice in the lack of unified referee scale,eager to aid the surrogacy couples reproductive rights are not guaranteed.With the implementation of the policy of "two children" and the discussion of the mainstream media,the legalization of surrogacy has become a hot topic among the Chinese people.Therefore,China's legislature should respond to the needs of people's legal concerns,to solve the problem caused by surrogacy to provide a legal basis.The paper is divided into six parts:The first chapter is about the problem.Through the review of "the first because of surrogate custody disputes caused by the case analysis,due to lack of legal regulation and China surrogacy,the judge handle in such cases the lack of unified evaluation scale,resulting in the case of second instance,a different verdict;review" Chinese's first frozen embryo inheritance disputes,in solving the embryos belonging after the problem,whether in subsequent embryonic custody period try surrogacy is problems to be solved,the reality and urgency of China highlights the problem of the legalization of surrogacy.The second chapter is the definition of surrogacy.It introduces the concept,the subject and the classification of surrogacy.The third chapter is the dilemma of the legalization of surrogacy in china.From the three aspects of legislation,judicature and society,this paper analyzes the causes of the existence of the legal dilemma of surrogacy in china.The main reason for the above problems is that the legal position of surrogacy is too low,the differences of the nature of the surrogacy agreement in the judgment and the principle of public order and good morals hinder the legalization of surrogacy.The fourth chapter is the extraterritorial investigation of surrogacy.Take the extraterritorial surrogacy mode and prohibit surrogacy model countries,showing the characteristics of the mode of legislation:one is the surrogate legislation from scratch;the two is the limited opening and prohibit commercial pattern is the mainstream.Through the investigation of extraterritorial legislative model,this paper summarizes the Enlightenment of extraterritorial legislative experience to China and puts forward the viewpoint of this paper.The fifth chapter is that surrogacy should be legalized in china.From the legal level and social level demonstration of legalization of surrogacy based on the aspect of law,surrogacy is the protection of citizens' rights and the pursuit of fairness and justice;at the social level,the comparative advantage of greater legalization of surrogacy,reflects the maximum protection of the interests of patients,so as to provide legal and the realistic basis for the legalization of surrogacy in china.The sixth chapter is the construction of surrogacy system in china.This chapter attempts to construct surrogate system,perfecting the legal regulation of surrogacy,the surrogate activities into the orbit of the legal system,so as to obtain the good effect of promoting the rule of law,safeguard judicial justice and protect citizens' reproductive rights.