Research On The Legalization Boundary And Legal Regulation Of Surrogacy In China

In China, the consanguineous concept run deep, what is called: there are three forms of unfilial conduct, of which the worst is to have no descendants, reproduction is always an important thing in the eyes of countrymen. Since 1996, when China's first test-tube baby was born by a surrogate mother breeds, surrogate technology as a cutting-edge science and technology is developing at an amazing speed,the rapid emergence in the life of the people. Now, when we search "surrogate" on the net, then millions of relevant information will pop out. Surrogacy agencies have sprung up rapidly,a surrogate mother,gradually formed a professional,their survival legal vacuum, wandering in the edge of the ethics and morality. As an extension of the test-tube baby technology, in addition to brought the gospel for infertile couples,surrogate technology has also brought intense impact to the traditional way of natural reproduction, also caused trouble to the ethics and law, brought a series of problems to the society, the family and the people. Therefore, based on the situation of our country,reflect on the traditional view of surrogate,and draw lessons from overseas mature legal norms,our country can formulate relevant laws and regulations to limit the surrogacy, standardize the surrogate market, protect the legitimate rights and interests of all parties, and these measures will generate great theoretical significance and practical value on safeguard social order and protect the interests of vulnerable groups.Besides preface and epilogue, this article is divided into four parts:The first part, the overview of surrogate. Ranged from the basic characteristics of the surrogacy, the different opinions of the surrogacy, and compared with the related concepts,then define the meaning of the surrogacy, state the different types of surrogacy respectively, and give a comprehensive introduction to the basic theory of surrogate problem in this paper.The second part, surrogacy legislation cases of comparative analysis and experience at home and abroad. Through the comparative study of surrogacy legislation abroad and in Chinese Hong Kong and Taiwan, summarizes the enlightenment from the related legal system of outside of China, points out the urgency of improving the actual legislation.The third part, analysis the boundary of the legalization of surrogacy in our country. Surrogacy has its legitimacy and rationality, we should take a rational and tolerant attitude to study and analysis its realistic necessity,without violating the principle of public order and good social customs, giving legal protection to qualified surrogacy.The fourth part, the legal regulating of the legalization of surrogacy in our country.Putting forward own system idea on the principle of legislation,surrogate agreement regulation,surrogate regulatory system and the cognizance of the parent-child relationship of surrogate children, to help the perfection of legal regulation of surrogacy in China.