The Legalization Of Surrogacy In China And Its Path

With the increasing number of infertile people caused by environmental pollution,food safety and other problems,the social demand for surrogacy in China is constantly increasing.However,China’s measures for the administration of human assisted reproductive technology prohibits medical institutions and medical personnel from carrying out surrogacy,which shows the attitude of banning surrogacy.The lag of surrogacy legislation and the expanding demand for surrogacy make "underground surrogacy" an opportunity and develop rapidly.As a result,the phenomenon of personal infringement on egg donors and surrogate pregnant mothers,as well as the infringement on the reproductive rights of entrusted couples,is emerging one after another,and it is urgent to bring surrogacy into the legal framework for regulation.At home and abroad,there have been many years of research on surrogacy,mainly focusing on the legalization of surrogacy,what kind of legalization,the validity of surrogacy agreement,the surrogate pregnant mother,the restrictions of the entrusted couple and other aspects.This paper summarizes the legal regulations of surrogacy and the viewpoints of scholars,combines the development of surrogacy in China and the characteristics of legal regulations,puts forward that surrogacy should be limited legalized in line with the world trend,analyzes the feasibility of the legalization of limited surrogacy,and designs the system for the realization path of limited surrogacy in the future.This paper is divided into the following five parts:The first part is the introduction.This paper explains the background and significance of the topic through the investigation of the current situation of surrogacy in China,and summarizes the relevant literature achievements of domestic and foreign scholars,and on this basis clarifies the basic research ideas of this paper.The second part expounds the basic problems of surrogacy system.Firstly,the normative definition of surrogacy is the basis of the thesis.Secondly,the development status and history of surrogacy are summarized and integrated.Then the main types of surrogacy are introduced to pave the way for the following classification of limited surrogacy regulations.The third part is the legalization of surrogacy controversial research,mainly around the negative one and support the legalization of surrogacy legalization of surrogacy parties narrative point of view,respectively,introduces the main theory viewpoint,on behalf of the state legislation mode,and the effectiveness of the surrogate agreement on behalf of the state,a surrogate children parent-childrelationship decided that the specification of the introduction of targeted.The fourth part analyzes the necessity and feasibility of limited legalization of surrogacy in China.Firstly,the necessity of limited legalization of surrogacy is analyzed from the aspects of population status and population policy,the realistic needs of infertility and bereavement families and the effective management of surrogacy disorder.Secondly,the feasibility analysis is made from the growing maturity of surrogate reproductive technology,the right basis of surrogacy in civil law and the judicial practice experience.The fifth part is to explore the path of limited legalization of surrogacy in China.Through the above part of theoretical research,the feasibility of limited surrogacy in China is demonstrated.This chapter will construct the system in terms of the basic principles of limited surrogacy in China,related matters of surrogacy agreement,the identification of surrogate parent-child relationship,and national supervision,so as to be beneficial to the opening of limited surrogacy in China in the future.