Legal Research On The Act Of Surrogacy

With the continuous advancement and development of science and technology,surrogacy technology has brought hope to many infertile patients as an emerging technology.However,everything has a two-faced nature.It brings benefits as well as the impact on moral ethics.It is controversial.On the one hand,the development of surrogate technology has indeed helped women who are unable to have children due to physical defects or old age diseases to realize their dreams of becoming mothers,and has saved millions of families who are in dire straits because of their inability to bear children.On the other hand,The behavioral mode has overturned the traditional mode of childbirth,and has caused an impact on family ethics and legal systems.Commercial surrogacy has emerged one after another.This article will start with the definition of surrogacy,analyze the controversial issues in surrogacy and conclude the feasibility of limited open surrogacy,and draw some inspirations through the examination of the legislative practice in countries and regions outside the region.A series of legal measures that suit our national conditions.The text of this article will be divided into four parts,the specific contents are as follows:The first part defines the surrogate behavior.First of all,through the summary of various viewpoints of the academic community,the definition of surrogacy is said to be due to the wife having a childbirth disorder,embedding the sperm provided by the entrusting party into the uterus of a mother who voluntarily surrogates for others,or transferring the fertilized egg of an artificial insemination into In the surrogate mother's body,the entrusted woman replaces others to complete the process of pregnancy from October to childbirth.After the child is born successfully,it is submitted to the client's side to raise them,and the entrusting partner is the legal parent of the child.Secondly,combing out the characteristics of surrogate behavior,including the specificity of surrogate behavior and the surrogacy of both parties,is the use of artificial assistive technology,the specificity of the subject matter of surrogacy contracts,the diversity of sources of sperms and eggs,and surrogacy.The contract is based on the voluntary signing of both parties and is subject to mandatory legal restrictions.Finally,the types of surrogate behavior are divided into three categories:paid surrogacy and free surrogacy,complete surrogacy and partial surrogacy,pregnancy surrogacy,and gene surrogacy.The second part is the analysis of controversial issues of surrogate behavior.Through the analysis of two different academic theories-the affirmation of surrogacy and the negation of surrogacy,through observations and analysis to draw their own views,China should adopt a mode of limited open surrogacy.The third part is an examination of the legislative practice of surrogacy in countries and regions outside the region.Mainly through the analysis of the status quo of the legislation of countries and regions outside the region,through the comparison of the legislative practice of the civil law system,the Anglo-American law system,and China's Hong Kong and Taiwan regions,we conclude that limited open surrogacy is a legislative model that is worth our country's reference and suits our national conditions.The fourth part is the analysis of China's legal position on surrogacy behavior and the corresponding measures that should be taken.China's legal position at this stage is limited to open surrogacy behavior.Through the analysis of the legality and feasibility of implementing limited surrogacy,it shows that this is a behavior consistent with China's national conditions.Based on the analysis above,we conclude that the practice of limited open surrogacy should be implemented in China.The specific measures taken include the establishment of special laws to regulate the subject of surrogacy,the limitation of medical institutions,the regulation of surrogacy agreements and the identity of children bom by surrogacy,the establishment of specialized agencies to supervise and supervise the entire process of surrogacy,and regulations prohibit The situation of surrogacy,thereby reducing the problems that may arise in surrogacy in real life,to ensure the normal,standardized and stable development of our country's surrogacy market,for the benefit of millions of families.