Legal Study On The Reproductive Rights Of Single Women

With the development of society and the improvement of medical technology,more and more single women try to realize their fertility demands through human assisted reproductive technology.They have launched active exploration for their reproductive rights,such as the famous actress Xu Jinglei.This paper aims at the single women who have reached a certain age but do not have marriage relationship and do not intend to marry temporarily or for life,and analyzes and discusses the legal ways to realize single women's reproductive rights from the following four aspects.The first part introduces the overview of the right to bear,and leads to the legal thinking of single women's reproductive rights.First of all,we should clearly grasp the concept and development process of reproduction and reproductive rights,and then introduce the determination of the legal nature of reproductive rights.From the perspective of legal theory,we can analyze that reproductive rights belong to basic human rights,and is the personality right in civil rights,not the identity right.Then we can analyze that the the subject of reproductive rights should be "citizen",and introduce the concept of single women's reproductive rights.Secondly,it analyzes the specific rights of single women's reproductive rights,including the right to decide,know and guarantee.The second part analyzes the domestic and foreign legislative status of single women's reproductive rights,as well as the practical difficulties that single women's reproductive rights are facing in China.First of all,this paper introduces the international documents,Germany,the United States,Australia and other countries for single women's reproductive rights legislation,judicial practice and other content.Then,it introduces the legislative status of single women's reproductive rights in China,which leads to the current legislative vacancy,policy obstacles,moral and ethical conflicts and other practical obstacles,and analyzes the adverse consequences of giving birth rights to single women.In the third part,this paper provides a reasonable basis for single women to realize the right of bearing.On the one hand,there are more and more unmarried women of older age in modern society,and there are many women with high income,high education and high quality among them.Although they don't have marriage life,they want to have their own children,so giving them reproductive rights can meet their objective needs for childbearing,can solve the needs of single women's intergenerational pension,and can slow down On the other hand,the relationship of marriage system and reproductive behavior,the development of human assisted reproductive technology and the universality of single parenting provide a feasible basis for the realization of single women's reproductive rights.The fourth part,based on the analysis of the nature,content,legitimacy and feasibility of single women's reproductive rights in the first three parts,provides a legal path for the realization of single women's reproductive rights.First of all,from the legislative level,it is clear that single women have the right to bear,and improve the legal system of single women's right to bear,refine the relevant laws and regulations of single women's right to bear.Secondly,it specifies the main conditions and specific implementation procedures for single women to implement human assisted reproductive technology,limits the number of single women to use human assisted reproductive technology to bear children,and stipulates the legal responsibility of single women to realize the right to bear in violation of legal restrictions.Finally,the establishment of single women to achieve the reproductive rights of supervision and management institutions,so as to avoid the abuse of rights due to giving single women reproductive rights,while improving the single women reproductive insurance system,to ensure the equal treatment of children born out of wedlock and children born in wedlock,from the system level to ensure the realization of the reproductive rights of single women.