On The Legal And Legal Regulation Of Surrogacy In China

The development of medical science and the advancement of human assisted reproductive technology have derived the special reproduction mode of surrogacy.Surrogacy,as the Gospel of infertile people,has also become a controversial issue in the society.China's current legislation adopts a holistic negative attitude towards surrogacy,which prohibits the use of any form of surrogacy technology.Surrogacy should not be banned,it can be legalized,and if it is legalized,it is a question discussed in this paper.First of all,in this paper the legal implications of surrogacy is defined,think surrogacy is to point to by contract,adult children women voluntarily accepting the entrustment of lawful husband and wife in the artificial reproductive technology assisted conception,formation and their embryos without genetic relationship,after pregnancy and intrapartum,surrogate child born by a surrogate mother to surrogate the delegate of behavior;Depending on the source of the fertilized eggs,surrogacy can be divided into gestational surrogacy and genetic surrogacy,which can be divided into two types: unpaid surrogacy and paid surrogacy.Secondly,the trial of surrogacy in civil judicial trial is investigated from an empirical point of view.By collating related to surrogate 70 civil judgment in six years,from the case acceptance number,geographical distribution,and classifies the surrogate model and find the problem in the case in the judicial referee: one is a surrogate meaning broad,and did not distinguish between a surrogate type,produce legal unreasonable the judgement;it is prohibitive provisions of current legislation of surrogacy is more general,not is operational,the judge handling the case,can only be based on legal principles,using the basic theory of law to the referee,case is not the case.Again,from the Angle of jurisprudence,learns,and marriage law,demonstrating the legitimacy of the legalization of surrogacy,legalization of surrogacy to maintain fairness and justice,to protect human dignity and safeguard reproductive rights and the right of body,do not violate ethics,is conducive to the stability of family structure.Finally after comparing the surrogacy legislation outside of regulation mode,puts forward the limited surrogate model,maintenance,the rights and obligations of surrogate mother,entrust a couple into a surrogate parenthood authentication system,establish a positive and effective government regulation system.