Research On The Legal Regulation Of Surrogacy

Since the first successful ivf(in vitro fertilization)cultivated in the UK in 1978,IVF-ET(in vitro fertilization-embryo transfer)as the core of artificial assisted reproductive technology has been making breakthroughs.Over the past decades,due to the deterioration of the natural environment and the increase in living pressure,the proportion of infertile patients in China's has increased year by year.At the same time due to the progress of social civilization,human values become diversified,homosexual and singlelism as choices of lifestyle have been gradually accepted by society,which leads a sharp increase of the people who have an urgent need for surrogation.However,the surrogacy technology is difficult to fit in with the traditional ethical concepts in China,which has aroused the concern of the public.Words such as "degrading the dignity of women","commercialization of uterus" and "violating public order and good customs" are often used to describe the negative effects of surrogacy technology.The relevant provisions prohibiting surrogacy in China are only scattered in administrative regulations,the legal effect is weak,and the content is not comprehensive,so it cannot prevent the formation and development of the surrogate black market.Under the background that the current legal system of our country can not respond to the group who needs the help of surrogate technology to accomplish the need of reproduction,the attitude of prohibition of surrogacy in our country needs to be amended,and surrogacy should be recognized and opened within a limited extent.This article is divided into five chapters to discuss and analyze the problem of opening surrogacy limitedly.The "Introduction" section introduces the breakthroughs made by artificial assisted reproductive technology in modern times and has caused controversy among the public.It discusses the effectiveness of the regulations prohibiting surrogacy in China and shows the viewpoint of this article: China should open surrogate limitedly.The first chapter "Basic Theory of Surrogacy" focuses on the characteristics and the concept of surrogacy,and divides surrogacy into different categories in detail according to different criteria,and then shows the negative social effects that may be caused by surrogacy.The second chapter "Comparative Law Research on Surrogacy Law Regulation" divides the legal systems of surrogacy in different countries or regions into several parts according to the different positions of surrogacy,and sorts out the trend of legal regulation of surrogacy in relevant countries or regions.Based on this,the reference significance and enlightenment of China's future surrogacy legislation are discussed in detail.The third chapter "Theoretical Basis of Open Surrogacy Limitedly" demonstrates the basis of legitimacy and social background of opening surrogacy limitedly in China from the aspects of civil rights,feminist theory and justice.The fourth chapter "Imagination of China's surrogacy legislation" shows the basic position that China's surrogacy legislation should hold,and determines the basic principles of surrogacy legislation.The fifth chapter "Imagination of the regulation of surrogacy related issues" lists the disputes that surrogate easily leads to,they are on parental rights,the effectiveness of surrogacy agreements,and the ownership of frozen embryos.Then the chapter suggests ways to resolve these disputes after sorting out relevant theories.