Legal Protection Of Reproductive Rights Of Single Women Under The View Of Birth And Marriage Separation

With the awakening of the rights consciousness in China and the improvement of women’s status,the voice of single women who wish to have reproductive rights is growing stronger.However,under the existing system in China,the reproductive rights of single women cannot be effectively guaranteed.They cannot be conceived through human-assisted reproductive technology.Even if they are conceived for accidental reasons,single mothers will lose the qualification for maternity insurance benefits.The provinces even need to pay high social support.The reason why the reproductive rights of single women cannot be effectively guaranteed is mainly because China defines "non-marital births" as "unplanned births",that is,if Chinese women want to have children,they must first get married,and marriage and birth are closely linked together.But the inevitability of marriage should not be "reasonable" and is linked to fertility.The connection between marriage and maternity has its motives and purposes behind the "take for granted".By analyzing the history of marriage and the meaning behind marriage,we can deconstruct marriage and discover the possibility and necessity of separation between marriage and birth in the present era.In the classic theory of sociology and anthropology,it is revealed that marriage is in a primitive state,and there is a completely different situation from the present.Although each theory has no definitive answer to the origin of marriage,it is certain that the imprisonment of women is gradually rigorous with the development of private ownership.The emergence and development of the marriage system is also a step-by-step determination of "dad is who".The reason why marriage is connected with fertility is because of the close connection between sex and fertility.First of all,human ethics is rational and stable.And sex is irrational and diverse.Therefore,human society has developed a marriage system and allocated resources to make it happen within a reasonable and controllable range.At the same time,in ancient society,sexual behavior to a large extent,will lead to pregnancy.Only the marriage can guarantee the transmission of the male(husband)gene,thus ensuring the pure delivery of private property.Secondly,human beings as high-level animals require a lot of time and experience for their children.Therefore,in a society with low productivity,gender cooperation is needed to meet the needs of children’s tending.However,in modern society,the connection between marriage and maternity based on the above values has changed to some extent.Marriage and fertility do not have to be closely linked,which leads to a separation trend.The invention and application of human assisted reproductive technology,the improvement of women’s society and economic status,and the background of pluralistic society make the separation of marriage and childbearing possible.At the same time,the great interests of women and children for women,the value of freedom and equality make the separation of marriage and childbearing inevitably.In countries where human assisted reproductive technology and women’s sports have developed earlier,such as the United Kingdom and Australia,this change has already occurred,and legislation has already made relevant provisions.However,in China,due to the serious obligation of family planning policy legislation,China’s legislation on the protection of reproductive rights is not perfect,which leads to the ambiguity and even contradiction of the law on the issue of single women.In the specific implementation process,the reproductive rights of single women have not been effectively protected and even treated unfairly,which is obviously not conducive to the protection of the interests of single women and their children.To sum up,in China’s family planning legislation,marriage and maternity should be untied to ensure the reproductive rights of single women and the interests of their children.At the same time,according to the public interest and the principle of maximizing the interests of children,they must be given reasonable restrictions.