A Study On The Legal Issues Related To Surrogacy

The term surrogacy first appeared in the old testament,referring to the traditional meaning of "having a child by the belly".With the development of science and technology,the research on surrogacy is increasing at home and abroad.There are also various definitions of surrogacy.Surrogate refers to due to entrust a couple or one party cannot embryos,and reach a consensus and voluntary surrogate women,using artificial reproductive technology transplanted a fertilized egg into the female uterus,performed by the process of childbirth and gave the couple a child.This article only discusses the surrogate for legal couples and the surrogate mother without sexual contact.With the development of artificial reproductive technology,many families are willing to adopt surrogacy methods to have children with whom they are related.Currently the regulation of our country for a surrogate only the measures for the administration of the human assisted reproductive technology,its effectiveness level is low,only administrative rules,for a surrogate risk and problem cannot provide relief.The typical problems are: the legal status of surrogate children,the surrogate children and the parents,and the custody of the surrogate children.The analysis of these problems and the case of custody of the first surrogate children were analyzed.In this paper,first,surrogacy children should be born out of wedlock;Second,the surrogate children and the mother of the establishment of the establishment of a blood relationship,but need to meet the support of the facts and the subjective will of two elements;Third,the custody of surrogate children should be based on the principle of maximizing children's interests and combining the monitoring ability and the dependency judgment.In order to protect both surrogate law subject can get timely and effective relief,this article mainly uses the research method of case analysis,reading in full after the predecessors' research results,to master the scientific theory,to solve the above problems.It is recommended to open free surrogacy;Legislation to promote surrogacy regulation;To establish and improve the mechanism of supervision and review and to clarify the rights and obligations of third party organizations.It is hoped that the legal problems and risks arising from surrogacy can be solved through the research and practice.