| As a thriving global business,surrogacy has become a indisputable fact.Transnational surrogacy is involved in a series of legal issues,and has attracted attention of Hague Conference on Private International Law,Office of the United Nations High Commissioner for Human Rights,and the Human Rights Council.The legitimacy of transnational surrogacy is the logical starting point for exploring other legal issues in this field.International human rights law provides a good entry point for exploring the legitimacy of transnational surrogacy.At present,the legislation on surrogacy in various countries mainly includes the following four types:absolute prohibition of surrogacy,complete admission of surrogacy,limited opening of surrogacy and no provisions for surrogacy.There are no international treaties on transnational surrogacy.Office of the United Nations High Commissioner for Human Rights recommends that rules of international law be established to regulate surrogacy in order to avoid violation of the rights of the subjects concerned.Hague Conference on Private International Law neither supports nor opposes surrogacy.It is committed to building bridges between different legal systems to enable transnational surrogacy to meet established human rights standards.The controversies related to surrogates in transnational surrogacy mainly include the commercialization of the womb and the exploitation of women.The disputes related to children born of surrogacy arrangements mainly include the sale of children and that children may have no nationality and legal parents.The idea of surrogacy making surrogate's womb commercialized is one-sided,because the altruistic thought of the surrogate makes it impossible to commercialize the womb,and the surrogate herself does not think that her personal dignity is damaged.The idea that surrogacy causes exploitation of women is problematic.On one hand,its logic is flawed.On the other hand,money is not the only motivation for all surrogates.Surrogacy does not amount to the sale of children,because the purpose of surrogacy and the object of compensation for surrogacy are not in line with the provisions of the Convention on the Rights of Children and Optional Protocol to the Convention on the Rights of Children on the sale of children,child prostitution and child pornography.Transnational Surrogacy may make children born of surrogacy arrangements stateless and have no legal parentage,but measures can be taken to guarantee the realization of the rights of the children.Reproductive rights,the right to respect for privacy and family and the right to found a family in international human rights law provide basis for intended parents to make surrogacy arrangements.At present,surrogacy is the only way to guarantee the realization of reproductive rights of some infertile couples.As it is a human right,the existing international human rights law necessarily advocates the full realization of it.The right to respect for privacy and family under International Covenant on Civil and Political Rights and the European Convention for the Protection of Human Rights and Fundamental Freedoms entitles intended parents freedom to establish personal relationships with surrogates.The right to found a family means that infertile couples can have children through surrogacy and thus found their families.In addition,The right of equality and non-discrimination further ensures that gay couples can also realize their reproductive rights,their rights to found families through surrogacy,and make their privacy and family life equally respected.The physical rights of surrogates provide legitimacy basis for them to participate in surrogacy,which to some extent promotes their personal dignity.For a series of specific problems arising from transnational surrogacy,it may be possible to formulate an international convention on transnational surrogacy.Our country is advised to allow surrogacy partly in legislation to meet the needs of the domestic realities. |
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