Research On Legal Issues Of Surrogacy

With the continuous development of medical science and technology,surrogate technology began to be popularized in the world.As an advanced assisted reproductive technology of embryo transfer,surrogate technology is the process of implanting the fertilized eggs into the uterus of surrogate mother,and the surrogate mother completes the pregnancy and delivery for the client.On the one hand,surrogacy technology is the product of the continuous development of science and technology,on the other hand,it is the inevitable product of social demand.Although the phenomenon of surrogacy has a certain impact on the traditional social ethics,the high rate of infertility and the increasingly open concept of fertility provide the real soil for the rapid growth of the phenomenon of surrogacy.At present,more and more families suffer from infertility because of various reasons.Compared with the traditional treatment of infertility,surrogacy technology with its unique advantages of science,safety and efficiency has brought new hope for the majority of infertile families.More and more people begin to accept surrogacy technology,so the legal problems are complicated.Influenced by cultural traditions,religious beliefs,class interests and other factors,scholars in various countries hold different views on the phenomenon of surrogacy in the research process,even there are many disputes.In the face of the increasingly common phenomenon of surrogacy,legislators in many countries have made positive legislation in accordance with their own national conditions in order to guide and regulate surrogacy.Surrogacy involves the rights and interests of clients,surrogate mothers,surrogate babies,surrogate agents,medical institutions,the public and other parties.How to balance and choose the rights and interests of all parties is the core issue of surrogacy legislation,which has derived a variety of laws and regulations on surrogacy in the world.At present,the surrogacy legislation in many countries in the world tends to be improved,almost covering the main problems in the surrogacy phenomenon,such as the legality of surrogacy contract,the qualification of surrogacy client and surrogate mother,the infringement of surrogate mother,the identification of surrogate baby,surrogate custody,the right to know,the right to privacy and so on.Although the tolerance limits of surrogacy are different,which leads to differentlegislative ideas,the permission of surrogacy in different degrees provides the fertility relief channel for the majority of infertile people,and also provides the legal basis for the surrogacy behavior to abide by,provides a solid legal basis for the protection of the rights and interests of all surrogacy parties,and provides a solid legal basis for the supervision of surrogacy behavior and the fight against illegal surrogacy The legal weapon of force.In China,surrogacy is explicitly prohibited.Except for the prohibition clause of surrogacy in the measures for the management of human assisted reproductive technology issued by the National Health Department,relevant laws and regulations are in a blank state.The original intention of the prohibition of surrogacy is to prevent the ethical and legal disputes,but the simple prohibition does not contain the increasingly rampant underground surrogacy.On the contrary,driven by the needs and interests of the society,the underground surrogacy develops rapidly on the gray road of commercialization,and even forms a complete industrial chain,which seriously disrupts the normal social order.The negative effect of legal lag has appeared,and the voice of limited permission and legislative norms for surrogacy is growing.Although China is facing ethical and legal dilemmas in surrogacy legislation,with the improvement of citizens' quality,the growth of objective needs,the adjustment of fertility policy and the maturity of surrogacy technology,the legislative opportunity for limited licensing of surrogacy has come.Under the legislative thinking of legal intervention and contract priority,under the basic principles of allowing reasonable surrogacy costs and cracking down on commercial surrogacy,based on China's cultural tradition and specific national conditions,and fully drawing on the practical experience of other countries,we can preliminarily build a legal system in the field of surrogacy in China and make up for the law in the field of surrogacy by supervising,serving and coordinating surrogacy Blank.To construct the legal system of surrogacy in China,we should first establish the legal status of surrogacy contract.The establishment of the legal status of surrogacy contract is conducive to fundamentally solving the technical difficulties of legislation,while respecting the different interests and demands of surrogacy parties in the way of autonomy of will and freedom of contract.In addition to the surrogacy contract,or in the case of no agreement or unclear agreement,the relevant provisions of surrogacy law shall apply.In order to make an overall consideration of the legitimate rights and interests of the surrogacy parties,avoid thedamage of the surrogacy contract to the legitimate rights and interests of one party,or in some special cases to protect the legitimate rights and interests of one party,surrogacy legislation is necessary to set up some mandatory provisions,and the contract terms that violate these mandatory provisions will be invalid.At this time,the rights and obligations of the surrogacy parties still apply to the phase of surrogacy law Customs regulations.The determination of parent-child relationship of surrogate baby is the final point of surrogate behavior.According to the purpose of surrogate contract,the principle of surrogate relationship should be client,with the exception of surrogate mother.In order to protect the legitimate rights and interests of surrogate infants,legislation should take into account the protection of the rights and interests of surrogate infants in some special circumstances,and at the same time,it should be clear that surrogate infants and legitimate children have the same rights.The phenomenon of surrogacy challenges the law of our country.We should base on the reality,perfect the mechanism,guide the norms,and legislate for the benefit of the people.