Research On The Legal Path Of Limited Open Surrogacy

Surrogacy is not only a social problem,but also a difficult problem in social governance.Especially in recent years,the emergence of surrogacy related cases has aroused widespread public concern.In China,there is no high-level legislation on surrogacy,but it is forbidden for medical institutions and medical personnel to implement surrogacy technology in departmental regulations.The lack of legislation leads to the lack of effective measures in administrative law enforcement and the lack of unified guidance in judicial adjudication.Although many departments in China have jointly carried out special activities to combat surrogacy and achieved good results,the underground surrogacy market still exists and surrogacy is not prohibited.The reason for this phenomenon lies in the problems of surrogacy regulation mode in China.Comprehensive prohibition of surrogacy is not a good solution to the problem of surrogacy in China.Through comparative study and analysis of foreign surrogacy models,we can know that appropriate opening of surrogacy types can help to solve the problem of surrogacy.Through legislation to open the types of surrogacy and related content,and then supplemented by administrative regulations and judicial measures to regulate the joint force,for the treatment of surrogacy related issues in China to make suggestions.