Research On Legal Regulation Of Surrogate Behavior

Surrogacy is a phenomenon that exists in the world.In China,because people are affected by various factors,the number of infertility continues to increase and there is a certain need for surrogacy in real life.As an artificial assisted reproductive technology,surrogacy can fulfill the desire of infertile couples to have children.At present,China's legal norms for adjusting surrogacy behavior are reflected in the Ministry of Health's departmental regulations.Although the targets for adjustment are medical institutions and their medical personnel,they do not involve principals such as entrusting couples,surrogate mothers,and intermediaries in surrogacy relationships,but in judicial practice our country has absolutely banned surrogacy.This article defines the concept of surrogacy,and the types of surrogacy that can be incorporated into the legal norms of our country are pregnancy-type surrogacy,embryogenic surrogacy,and should be strict with genotypic surrogacy,and ban the commercial surrogacy;and surrogacy and childbirth in concept,category,and violation of marriage.While distinguishing between family ethics and morals,it is pointed out that since surrogacy involves ethical and medical issues,the legal regulation of surrogacy behavior has the necessity of protecting citizens' personal property rights as well as the support of science and technology and the possibility of surrogate reality.In analyzing the legal regulation of surrogacy in our country,there are issues such as low legal norms,vague positioning of surrogacy protocols,and the deregulation of legal norms,as well as reasons.The enactment of special laws strictly prohibits surrogacy;some countries represented by India implement completely open surrogacy in order to promote the development of the national economy;the United Kingdom and theUnited States,represented by the United Kingdom and the United States,combine the use of public power and autonomy of will,conditionally allow to open surrogacy.Through comparative analysis of the legal regulation model of extraterritorial surrogacy behavior,combined with the inherent traditions of our country's laws and current policies,we believe that the limited open model is more suitable for China.In order to construct a legal model for the limited openness of surrogacy in China,the principles of equality,voluntariness,honesty and trustworthiness,public power intervention,family planning,public order and good customs should be upheld.The legal regulation of China's surrogacy behavior legislation envisages: first,the level of legal effectiveness of the regulation of surrogacy behavior in China needs to be upgraded;second,the qualifications of the general body and special subject of surrogacy behavior in China must be established,and the admission of surrogacy supervising agencies and strict surrogacy implementing agencies should be established.The concept of legal regulation of surrogacy protocols in China: first,the establishment of a contractual law adjustment path for surrogacy protocols in China;second,distinguishing the type of surrogacy protocol and strictly requiring genotype surrogacy;and third,clarifying the formal requirements and essential elements of surrogacy protocol in China.