The Debate On The Legalization Of "surrogacy" In My Country And The Study Of Legal Regulations

Technology is a double-edged sword.As a new technology,surrogacy technology brings new hope to infertile families,but a series of problems caused by illegal surrogacy can not be underestimated.At present,there are no laws and regulations to regulate the surrogate pregnancy system in our country,which makes it controversial whether surrogate pregnancy should be legalized.On the one hand,the lack of a unified basis for judgment in judicial decisions leads to the excessive discretion of judges.On the other hand,the reproductive rights of entrusted surrogate couples can not be effectively guaranteed,resulting in the community.There will be more and more problems.With the implementation of the "comprehensive twochild" policy and the discussion in the mainstream media,the legalization of surrogacy has become a hot topic in the Chinese population.Therefore,the legislature of our country should respond to the legal needs of the people and provide legal basis for solving the practical problems caused by surrogacy.Firstly,this paper defines the definition of surrogacy,and holds that surrogacy refers to the process in which a woman pregnancies for other couples and produces children,delivers the children to the couple and gives up parental rights to the children through the agreement of the surrogacy contract.The types of surrogacy are analyzed theoretically,and the problems are put forward through the development status of surrogacy.Secondly,from the perspective of jurisprudence,civil law and marriage law,this paper demonstrates the legal effect of surrogacy agreement and the viewpoint of theoretical circles on surrogacy behavior.Through the study of domestic and foreign legislation on surrogacy system,and on the basis of foreign regulations on surrogacy system,it puts forward the theoretical research on surrogacy in China.Thirdly,from an empirical point of view,the trial situation of surrogacy in civil judicial trial is investigated.Through sorting out the civil judgments on surrogacy in recent years,the author finds out the problems in the judicial judgment of the case from the judgment of the case: first,surrogacy has a broad meaning,does not differentiate the types of surrogacy,and produces legitimate and unreasonable judgment results;second,the prohibitive provisions on surrogacy in the current legislation are relatively general and not operational,and the judge is in the position of When dealing with cases,we can only use the basic theory of law to adjudicate on the basis of legal principles,and there are cases that can not be solved in the follow-up.Finally,through the study and analysis of the current legislative status of surrogacy system in China and the judicial precedents of surrogacy in the process of practice,the necessity of "limited legalization" of surrogacy is discussed,and some suggestions for improving the payment of surrogacy are put forward.