The Legal Basis Of The Restrictive Opening Of Surrogacy

Surrogacy,as a prudent artificial assisted reproductive technology,has its own important value in jurisprudence.Among all the propositions formed around the surrogacy technology,the legal proof of the restrictive and open surrogacy is the most fascinating.However,on the legal level,surrogacy has been banned all the time,and the simple "one ban" cannot "stop it".As a result,illegal surrogacy agencies emerge one after another,eventually making both surrogacy parties lose their legal dependence and causing many social problems.Therefore,from the perspective of free surrogacy,this paper hopes to clarify the true content of its restrictive and open,and make every effort to truly play the function of surrogacy in benefiting the common people.First,the author analyzes the concepts of surrogacy and surrogacy itself,that is,in vitro fertilization,in vitro fertilization and in vitro fertilization.Based on the boundaries of paid surrogacy,free surrogacy,genotype surrogacy and gestational surrogacy,this paper summarizes the specific direction of surrogacy under restrictive and open conditions,and makes clear that unpaid gestational surrogacy is the research scope of this paper.Free gestation surrogacy is related to the ideal paradigm and feelings under the treatment of infertility diseases established by the voluntary principle,which includes the reflection and exploration of people's individual rights and good life.On this basis,the article from two dimensions of social existence and social consciousness of surrogate phenomenon illustrates the causes,clarify a surrogate demand this important proposition of social inevitability,combined with the surrogate under the background of the current situation and legal regulation,not negative,surrogate motherhood has always been a important subject could not avoid.Secondly,the thesis will run against a surrogate several ethical fallacy has carried on the comprehensive investigation,the reason for the opposition,such as dangerous tendency of commercialization of the uterus,contrary to the principle of public policy impact,kinship,recognition of the paradox,the author gives practical modal of objection and the contrast analysis,clarified the real shape of surrogate under the background of reality itself,to clarify the function of the surrogate this technology can not be ignored.After the clearance of the foregoing content,the author further provides legal reasons for the surrogacy opening up,and discusses the rationalization of the restrictive opening of surrogacy based on the legal theory and practical needs.The author compares the operation process of surrogacy lifting in European and American countries,so as to complete the vertical relationship of the family with surrogacy needs.This section avoids a progressive systematic demonstration of the surrogacy openness,and will start from the two dimensions of the naturalness and inevitability of the restrictive surrogacy openness.These two reasons are logically juxtaposing rather than deducing.The author hopes to provide a more comprehensive and sufficient supporting reason for the legal establishment of surrogacy through combing the legal principles of surrogacy.Finally,after the discussion of the first two parts,the author tries to give some Suggestions on the legislation and institutional structure of the restrictive opening of surrogacy.From the principles and basic contents that the legal system of surrogacy should follow,and from the perspective of formulating the special law of human assisted reproductive technology,this paper gives the legislative and institutional construction.At the same time,on the basis of indepth analysis of attitudes and legal control of surrogacy in different countries,surrogacy technology can be rationally used in combination with China's national conditions,so as to make its due contribution to the practice of surrogacy in China.