Research On System Construction Of Surrogate Births In China

The essence of surrogate is Assisted Reproductive Technology which is different from “borrow belly raw son”.The surrogate underground trades become industry chain gradually although our law prohibits surrogating to be chronic malady.On December 27 th,2015,the eighteenth meeting of the Standing Committee of the National People's Congress adopted the amendment of the law on population and family planning.The amendment delete a term that prohibit the trade of sperm,eggs,fertilized eggs and embryos,and prohibit any form of surrogacy,which break up the attitude of our country.It is also the premise of the establishment system of surrogate births.Actually,the system construction of surrogate births is rightful and necessary.First of all,the legal principle foundation of surrogate which is no hurt,no prohibition is rightful.Second,people own the rights to surrogate which is a reasonable act that the subject of right enforcement of reproductive right.Finally,gratuitous surrogate is not against Public order and Good custom.Nowadays,it is indispensable for us to open a surrogate.There are several evidences which can be cited to illustrate this concept: increasing of infertility rate,intensifying of ageing of population,declining of fertility rate,and people need their biological children under the influence of traditional values.Population is an important issue which cannot be ignored.Opening a limited surrogate is propitious to social needs and scientific development.In addition,it also have high legal value.We should construct systematic system of surrogate before opening surrogate.from my point of view,the construction of system of surrogate should define the law principles,determine right and duty,limit qualification,solve the problem of effect of contract,build up inspecting organization.We should pay more attention to limitations,for example: commercial surrogate cannot be opened,surrogate for no-physiological cause cannot be opened.