Research On The Legal Issues Of Surrogacy

As a derivative means of modern artificial assisted reproduction technology,surrogacy refers to the use of modern human assisted reproduction technology to cultivate healthy germ cells in vitro to form fertilized eggs,and then implant the fertilized eggs into the uterus of surrogate mothers through cell transplantation technology.The surrogate mothers complete the embryo's gestation and delivery.Different countries have different legislative attitudes towards surrogacy.There is no relevant legislation in China,only in the Regulations on the Management of Human Assisted Reproductive Technology published by the Ministry of Health and the Regulations on the Management of Human Sperm Bank,it is stipulated that"medical institutions and medical personnel are prohibited from performing any form of surrogacy operation".With the increasing number of infertile couples in China,the demand for surrogacy technology has become increasingly strong,and illegal surrogacy intermediaries have emerged,seriously violating the personal and property rights of the principal couples,surrogate mothers and surrogate children.Social problems caused by emerging medical technology need to be faced directly by law,disputes should be settled in a calm and rational way,and surrogate market should be standardized.Only in this way can we seek benefits and avoid disadvantages,guide artificial assisted reproductive technology to play a greater social role,and bring hope for more families to have children.The act of surrogacy is essentially different from the traditional"Borrowing a child by abdomen",which has its corresponding social background and legal source of rights.To a certain extent,it is the proper exercise of the entrusted couple's reproductive rights and the body rights of surrogate mothers.Allowing conditional surrogacy does not violate public order and good customs.Throughout the changes of legislative attitudes towards surrogacy in the United Kingdom,the United States and Taiwan,the author agrees that China should comply with the social development trend and open up the non-commercial surrogacy technology to a limited extent.The act of surrogacy will lead to two kinds of civil legal relations:one is the legal relationship of surrogacy contract between surrogate mother and principal husband and wife;the other is the legal relationship of status arising from the affirmation of parental rights of surrogate children.China should establish a long-term supervision and standardization mechanism to make clear legal provisions on the parties' qualification,rights and obligations,the content of surrogate pregnancy contract and the way of parental ownership of surrogate children,so as to ensure the rational use and strict supervision of surrogate technology.