Study On Legalization Of Surrogacy

It has been half a century from the first real surrogacy case in the United States to the present,more and more reports about such incidents appeared,Artificial assisted reproductive technology a is maturing andpeople's understanding of surrogacy is more rational.The countries represented by the United States and Britain have conducted in-depth research on this issue.Changes in public policy and positive legislative norms have made the rights and obligations between the parties become lawful.The problem of parental identification has been solved.China adopts a more cautious and conservative attitude toward surrogacy.In practical terms,the verifiable and enforceable decisions of surrogacy contracts are almost zero.At the legislative level,China lacks legislative norms that are specific to artificial assisted reproductive technology and surrogacy.The only administrative regulation of the Ministry of Health adopted a complete ban on surrogacy.Due to its low effectiveness and narrow application scope,it is widely criticized.In fact,China's adjustment to the legal issues of surrogacy is still in its infancy,and legal blanks need to be filled.However,with the rapid development of artificial assisted reproductive technology,there is no technical obstacle to surrogacy,and the number of disputes arising becauseof the surging pregnancy has also increased.The law should actively respond to the social problems brought about by science and technology and maintain the basic order of society with standardized legislation.Prohibiting surrogacy has instead promoted the development and growth of underground surrogacy and led to more social conflicts.Based on China's National conditions and the analysis of the causes of surrogacy and the comparative studies at home and abroad,this article focuses on the issues of the legalization of surrogacy,the choice of parent-child relationship identification model and the effectiveness of surrogacy contracts.Hope to provide reference for our country's future surrogacy legislation.This article first combs the generation,development and status quo of surrogacy.Then the concept of surrogacy was defined through comparative analysis.Lastly,it analyzes the causes of surrogacy.Through research on the legislative background and legislative contents of the representative countries of the United States and the United Kingdom,we focused on the differences in the legislation of the surrogacy contract and the differences in parent-child relationship recognition.The maturity and perfection of the United States and the United States pregnancy legislation is an important basis for the study of this article.The core viewpoints of the administrative supervision and legislative proposals proposed in the last chapter of the article come from the reference for these two countries.The last part of the article puts forward the principle of special legislation for artificial reproduction.It mainly discusses the adjustment model of legalization of surrogacy.First of all,the realization of the ordering of surrogacy can not be separated from the intervention of the public power of the state,and it is not feasible to fully marketize.It is suggested that the establishment of an administrative agency similar to the United Kingdom and the United States to implement administrative supervision can compensate for the lag in judicial lag and low efficiency.Then it draws lessons from the court's procedures for affirming the parental rights of courts in the United States and the United States,advocating the adaptability of this practice in our country.Finally,in the legislation,it is advocated that the corresponding parent-child relationship identification model should be adopted according to different types of surrogacy.Half of the genetically predistempered females are genetically derived from their surrogate mothers.The surrogate mothers are protected first and they advocate adopting the adoption model.The pregnant surrogate mothers and surrogate mothers have no kinship,and naturally there is no need for priority protection.It advocates respect for the spirit of contractual freedom and recognizes the validity of surrogacy contracts.