Research On The Legal Basis Of Surrogacy Legalization

In recent years,the number of infertile people is constantly expanding,coupled with the growing maturity of surrogacy technology,more and more people choose to achieve the purpose of fertility through surrogacy.Since its birth,surrogacy technology has been facing challenges from ethics and laws,and different countries have different attitudes towards surrogacy.China is opposed to this at present,but the surrogacy market is in a state of flourishing supply and demand.There are three main reasons for the opposition.2.Surrogacy infringes on the physical rights of the surrogate mother;Third,surrogacy is the abuse of the reproductive rights of entrusted couples.In the author's opinion,it is precisely the anomia of surrogacy that leads to the above problems.Therefore,this paper defines surrogacy as free and complete(non-genotype)surrogacy,and gives answers for more than one pair of reasons.In the case of complete surrogacy,there is no blood relationship between the surrogate mother and the surrogate children,which will not destroy the family ethics.At the same time,in the case of no compensation,the reasons for the commercialization of uterus and the exploitation of women are even more obvious.Therefore,surrogacy actually does not violate the public order and good customs.Body rights include maintaining the integrity of the body and the domination of body organs,which are consistent with the nature of "organ donation" and other behaviors.Surrogacy is actually the realization of the body rights of the surrogate mother,and only the prohibition of surrogacy is considered as a violation of the body rights.As a basic human right,the reproductive right is not allowed to be deprived by anyone.Although infertile couples cannot have children due to physiological problems,they still enjoy this basic right.As surrogacy does not violate the physical rights of the surrogate mother,it does not constitute a violation of the reproductive rights.In addition,a blanket ban on surrogacy will make it impossible for these families to enjoy the reproductive rights,which may be considered as a violation of human rights.With the continuous expansion of the infertile population,more families will choose to have children through surrogacy in the future.It is because of the lack of legislation that the legal rights and interests of relevant parties cannot be protected.Only by legislation as soon as possible can more tragedies be avoided.The author proves that surrogacy has the legal basis of legalization from the perspective of legal theory,and puts forward relevant legislative Suggestions by referring to the legislation of other countries and analyzing the viewpoints of other scholars,so as to provide reference significance for the legalization of surrogacy in China.