Improvment Of The Legal Regulation Of Artificial Surrogacy In China

With the development of science and technology,artificial surrogacy technology has emerged in medical technology.This technology provides a way to realize the reproductive rights for infertile people with uterine defects.However,artificial surrogacy technology has an impact on traditional reproductive methods,social ethics,morality,etc.In the case of underground surrogacy,how Looking at artificial surrogacy is a problem that the theoretical community has been thinking about,and it has also been a concern of the general public.At present,China only has the departmental regulations of the former Ministry of Health to make preliminary provisions on artificial surrogacy,and only makes preliminary provisions on the surrogacy behavior of medical institutions and medical personnel,but for the surrogacy behavior of subjects other than medical institutions and medical personnel.What should I do? In addition,what are the shortcomings in the legislation for artificial surrogacy? What kind of attitude do we have for artificial surrogacy,is it prohibited or open? If it is open,how can it be opened? What is the theoretical and practical basis for openness and prohibition? To this end,this paper uses the analysis method to analyze the legislation of artificial surrogacy in China,and uses the comparative method,combined with the legislative experience of some countries outside the country to propose perfect suggestions for the artificial surrogate system in China.The first part is "Overview of surrogacy." Based on the definition of the legal concept of artificial surrogacy,this part clarifies that the research object of this paper is artificial surrogacy,excluding natural surrogacy.Based on the concept of artificial surrogacy,the basic classification of artificial surrogacy is provided to provide a background analysis for the following arguments.The second part is the major theoretical differences and problems in practice in artificial surrogacy in China.This chapter first introduces the major theoretical differences in the existence of artificial surrogacy in China.It is precisely the great disagreement between the theoretical circles on artificial surrogacy that led to the delay in taking further action on the artificial surrogacy legislation in China,and the analysis of the existence of artificial surrogacy legislation in China.The lack of legislative provisions and the ambiguity of the law.Secondly,the domestic status ofartificial surrogacy is also analyzed.It is found that there are various chaos in underground surrogacy in China.Medical institutions and medical personnel are involved in illegal participation,administrative agencies have difficulty in supervising surrogacy institutions,chaos market is chaotic,and gentlemen's agreements are risky.It is concluded that China's current surrogacy legislation needs to be improved.The third part is the legislative investigation of extraterritorial surrogacy.This chapter uses the comparative method and focuses on the legislative investigation of extraterritorial surrogacy.Countries around the world have different attitudes towards surrogacy,and thus manifest themselves as different surrogacy models.The author selected several representative countries to conduct inspections,followed by the United Kingdom,the United States,Germany,and India.Among them,the United Kingdom and the United States have a more open and tolerant attitude towards surrogacy.Germany is more conservative and India is the most open.Through the analysis of the specific regulations of these countries' legislation,it is concluded that China's attitude towards artificial surrogacy needs to fully consider China's cultural traditions and specific national conditions.At the same time,it is concluded that legislation,whether prohibited or open,should be more explicit and specific,and general legislation is difficult to play.The fourth part is the improvement of the legal regulation of artificial surrogacy in China.This chapter advocates that China should adhere to the legislative principle of limited open artificial surrogacy,and demonstrate the rationality and necessity of limited openness,to draw a theoretical basis and realistic basis for the implementation of limited open artificial surrogacy in China.It is recommended that China develop a special "Human Assisted Reproductive Technology Law",which explicitly allows the types and objects of surrogacy to be implemented and imposes strict procedures to limit the use of artificial surrogacy.In addition,in this law,the issues related to surrogacy contracts,the custody of surrogate children and the regulatory issues are discussed to compensate for the lack of existing artificial surrogacy legislation.Based on this,citizens can seek surrogacy through a more formal way to compress the living space of underground surrogacy under the guidance of legislation,strengthen the crackdown on underground surrogacy,and continuously manage the various chaos in underground surrogacy.