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Research On The Legal Regulation Of Surrogacy Behavior

Posted on:2019-03-03Degree:MasterType:Thesis
Country:ChinaCandidate:S Y ZhangFull Text:PDF
GTID:2416330545474216Subject:Law
Abstract/Summary:PDF Full Text Request
The pressure on the work of modern society has continuously increased,environmental pollution has become increasingly serious,and people's health has been greatly affected.The number of infertility patients has also gradually increased.According to statistics from authoritative institutions in China,there are more than 40 million infertility patients in China,and the data is increasing by more than 100,000 people every year.Another data shows that infertility patients in China account for15-20% of 230 million child-bearing age couples nationwide.However,the traditional treatment method has a limited role in solving infertility problems.How to solve this problem has been plaguing infertility patients.Until the emergence of surrogate technology,practice has continuously proved that surrogacy technology plays an important role on solving infertility,and it makes it possible for infertility patients to have children with whom they have a blood relationship.Surrogate technology is a double-edged sword.It brings hope to infertility patients,but it has also caused people's controversy.The reason for the dispute is mainly because the law does not clearly stipulate whether the surrogacy contract is effective and the standard of surrogate parent-child relationship,etc.That brings a series of legal issues to the implementation of surrogacy.Surrogate behavior makes people's traditional birth methods no longer become the only means of reproduction.This breakthrough has also brought a huge impact on our traditional civil law theory.The moral and ethical problems that it brings have also caused people's strong controversy.Different countries have different attitudes toward surrogacy.Some countries certainly support surrogacy,some countries absolutely prohibit it,and some countries accept it conditionally.Our country's law does not make clear and detailed provisions on surrogacy,but the National Health and Welfare Commission has made some prohibitive provisions on the surrogacy technology executives.However,the act of surrogacy has not been stopped because of the prohibition of the state.Instead,the phenomenon of surrogacy has gradually increased.Therefore,how to use laws to regulate surrogacy has been important theoretical and practical significance for us.From the perspective of technological advances in human reproductive medicine,this article explores the theoretical basis for legal regulation,in-depth analysis of the status of surrogacy,reviews the framework of legal regulation of surrogacy,clarifiesconfusion,and based on a full justification,integrates surrogacy.The practice of behavior and the legal dilemma faced,the study of surrogacy should follow the principle,and provide feasible legislative proposals for improving China's legal regulation of surrogacy.
Keywords/Search Tags:surrogacy, legal regulation, legislative proposal
PDF Full Text Request
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