Research On The Legalization Of Surrogacy

Since the 1970 s,cases and news related to surrogacy have been emerging as bamboo shoots after rain.With the country's first case of frozen embryos and other cases occur frequently,surrogacy problem again and again into people's field of vision,triggering heated discussions in the community.So far,there are no specific laws on surrogate pregnancy in our country.There are only regulations and rules that are prohibited by the Ministry of Health in China.These regulations and rules have flung the problem of surrogate into confusion.The underground surrogacy industry is in vain,and the interests of the parties involved in surrogacy are lacking protection,which trigger social conflicts.It is in this reality that the issue of the legalization of surrogacy has become the unavoidable problem of Chinese social discussions.Therefore,this paper studies the legalization of surrogacy and attempts to provide a theoretical basis and reference for the construction of the specific system of surrogacy in China through a combination of theory and practice.This article is divided into three parts: the introduction,the text and the conclusion,the text is divided into three chapters,the specific contents are as follows:The introductory part summarizes the selected topic background,research status,methods and ideas of the article,which provides a systematic theoretical basis for the research of the whole thesis topic.The first chapter of the body part," Perspective of legalization of surrogacy " as the basis of the entire thesis,starting from the case of Chinese frozen embryo,by analyzing the dilemma of surrogate pregnancy in China behind the surface of the case,put forward the core proposition of the research on the legalization of surrogacy.On this basis,the issues of the connotation of surrogacy and the status quo of the legalization of surrogacy in China are fully presented.It has become increasingly apparent that the research on the issue of legalization of surrogacy is no longer neglected in China.The second chapter "Combat of surrogate legalization",the chapter is based on the legitimacy of the current school surrogate progeny debate started,trying to explore the pros and cons of positive and negative academic warfare gains and losses,and then reveal the legalization of surrogate.The crux of the problem lies not so much in the legitimacy ofsurrogacy as it is in the legitimacy of surrogacy as a citizen's individual freedom.Therefore,the justification of substituting surrogacy is placed under the view of freedom,and the justification of surrogacy is demonstrated through the theoretical level of individual freedom and free boundary.The third chapter “System Regulation of Surrogacy in China”,which is another major core of the research on the subject of this article,it probes into the plight of the legislation,judicature and society in the legalization of surrogate pregnancy under the existing system in China.And then it reveals the gradual and orderly progress of the legalization of surrogacy in China in the course of changing from oughtness to reality and reveals the possibility of establishing the system of legalization of limited surrogacy in China.But this possibility wants to really turn into a system,which can not be separated from the superstructure that is national level guidance,exchanges and cooperation.The conclusion part further summarizes the contents and ideas of the whole article on the basis of the previous theoretical analysis.