Research On The Legalization Of Limited Scope Surrogacy

While the development of assisted reproductive technologies has brought benefits to human society,it has also brought many challenges to society and the law.Surrogacy,as one of them,is clearly different from other assisted reproductive technologies because it involves a third party woman outside the marriage relationship,severing the connection between childbirth and blood,and posing even greater impact and challenges to traditional reproductive concepts and ethical order.China currently prohibits the implementation of surrogacy technology,but for some deep-rooted reasons,"one ban" does not "end it".This paper discusses the current situation and problems of surrogacy in China from three perspectives: interest demands,rights and interests protection and institutional supply,and aims to reconcile the contradictions and conflicts between surrogacy and public order and morality,and explore a legalization path that can protect the reproductive rights of people with reproductive difficulties and satisfy their reproductive wishes without damaging the rights and interests of surrogate mothers and the social and ethical order.This paper proposes the legalization of limited-scope surrogacy,which is a limited recognition of the fact that families with fertility difficulties provide germ cells to reach an agreement with surrogate mothers,and a complete surrogacy without the purpose of profit,which has the attributes of gratuitousness and public welfare.From a jurisprudential perspective,limited scope surrogacy satisfies the principle of fairness,helps to compensate for reproductive defects and balance reproductive rights and interests,and does not violate public order and morality.Limited scope surrogacy is more easily understood and accepted by the general public,and the humanitarian spirit it embodies is consistent with good customs and traditions.From the perspective of rights,limited scope surrogacy,as the only option for some families with reproductive difficulties to realize their reproductive rights,does not constitute an abuse of the surrogate mother’s right to her own body.The study of this paper mainly includes the following four parts: the first part is to clarify the concepts related to surrogacy,the causes of the phenomenon and the risks of surrogacy,and to set the stage for the rest of the article.The second part is an analysis of the current situation and problems of surrogacy in China in terms of legislation and judiciary.It is found that the existing legal regulations on surrogacy in China are of a low level of effectiveness and have a small scope of coverage;some typical cases in judicial practice in China are summarized and read,and it is found that the rights and interests of the parties involved in surrogacy are not sufficiently protected in the judicial field in China,which undermines the judicial credibility.The third part is an argument for the legalization of surrogacy in a limited scope.Based on the above analysis and summary,a detailed argument is made in terms of both necessity and feasibility.The necessity of legalizing surrogacy in a limited scope includes meeting the legitimate needs of people with difficulties in childbirth and regulating the chaotic and disorderly status quo of surrogacy;the feasibility includes the legal basis of surrogacy in a limited scope,the room of legality in the existing law,the technical feasibility and the availability of relevant legislative examples for reference and reference.The fourth part is about the legislative proposals on the legalization of surrogacy in limited scope.Firstly,the basic principles that should be followed in opening up limited scope surrogacy are clarified,including the principles of limited use,equality and voluntariness,and non-commercialization;secondly,the subject qualifications of the subjects involved in limited scope surrogacy,including the commissioning surrogate,the surrogate mother,and the specialized agency providing surrogacy,are clearly defined;finally,the system of application,examination,supervision and protection of limited scope surrogacy is designed accordingly.We are committed to using the law to explore the power of technology,the desire of humanity and the wisdom of the times embedded in surrogacy,so that surrogacy can play its positive role but be controlled within an appropriate and reasonable scope,and promote the healthy development of surrogacy in a limited scope.