Legal Regulation Study Of Limited Surrogacy

Limited surrogacy is a legal issue that has been fully discussed at the macro level but not fully studied at the micro level.The "one-size-fits-all" comprehensive ban on surrogacy has not adapted to China’s current national conditions and the basic needs of the relevant groups.The long-standing demand for surrogacy and the long-term prohibition of the legal environment eventually lead to the frequent occurrence of illegal surrogacy activities,and caused a variety of related criminal offenses.Only when limited surrogacy is carried out under the legal regulations can the fertility need of special groups be satisfied,and crack down on illegal surrogacy and other criminal behaviors which caused by it from the source.At first,this paper expounds the basic theory of limited surrogacy.Through the research of high-tech life science technology,human assisted reproduction technology and limited surrogacy,it’s easy to understanding the development status of high-tech life technology which represented by human assisted reproductive technology and the closely connection between them.Secondly,the necessity and practical significance of limited surrogacy are illustrated by demonstrating the impossibility of fully open surrogacy and completely banning surrogacy.Fully open surrogacy is not only a breeding ground for many crimes,and deviates from the basic principle of marriage and family system of our country and the basic mating system of monogamy.Completely ban on surrogacy would be the stumbling block on the way of infertile families unable to regain fertility through other medical means and loss-only-child family which missed reproductive age to realizing reproductive rights.Statistical results of judgment documents that related to surrogacy has showed that the quantity of surrogacy cases has been growing year by year.It reflects the long-standing demand for surrogacy.The implementation of limited surrogacy can not only protect infertility family and surrogate mother’s rights,but also can improve fertility rate and lower the death rate of pregnant woman and puerpera,regulating the market for illegal surrogacy,reduce surrogacy disputes,helping families with fertility problems to have children as an alternative method of pregnant machine which will be invent in future in a long term.Through the analysis of different attitude and surrogacy law of different law system,limited surrogacy law in Israel has two aspects are worthy of our country’s reference,one is the commission review mechanism,other one is fully emphasized the religious and cultural consistency between the surrogate motherand the surrogate family in the process of limited surrogacy.At the end of the paper,specific legal regulation measures of application family,surrogate mom,surrogate agency,surrogate agreement,surrogate fees have been put forward.In the decisive period to complete the building of a moderately prosperous society in all respects,lawmaker should take this opportunity and establish the effective operation mechanism of limited surrogacy through build legal regulation,and help infertility family and loss-only-child family realize their reproductive rights,and build a workable pathway for every citizen to realize their reproductive rights.