Research On Legalization Of Surrogacy In My Country

In recent years,due to the influence of various factors,the number of infertile and infertile people is increasing.In addition,with the opening of the "two child policy",the number of families without independence is increasing.Because of their physical damage,some women are unable to conceive and have children either by natural means or by artificial insemination or test tube baby.For them,if they want to have a blood relationship with themselves Department's children,only surrogate this way to go.People's demand for surrogacy has become more and more intense,but our country has always taken a prohibited attitude towards surrogacy.Surrogacy is prohibited by law,but there are huge demand groups in real life,especially in our country,which attaches great importance to the inheritance of children and heirs,surrogacy gradually goes to the underground black market,forming a large-scale underground industry chain.In this paper,we think that it is better to open up surrogacy than to block it.At the same time,we should restrict the main body and types of surrogacy,bring surrogacy into the orbit of legalization,strengthen supervision and protect the interests of all parties.This article will discuss the main obstacles,the basis,the legal conditions and the legal procedures of the legalization of surrogacy.First,the main obstacles to the legalization of surrogacy.At present,there are two views about surrogacy in the academic circle: legal view and illegal view.The obstacles to the legalization of surrogacy are mainly divided into legal obstacles and ethical obstacles.First of all,we need to recognize the legitimacy of surrogacy in legislation,so that there is a legal basis in the judiciary.The validity of surrogacy agreement is not clear.In case of disputes,the rights and interests of both parties cannot be effectively protected.The legal status of surrogate children is not clear,which hinders the determination of parental rights and guardianship.Second,the basis of the legalization of surrogacy.China has the traditional concept of attaching importance to the offspring and maintaining the integrity of the family,so surrogacy is in line with China's traditional concept of fertility.From the legal point of view,the legalization of surrogacy conforms to the basic idea of fairness and justice;surrogacy does not violate the human dignity of the civil law of surrogacy;Citizens have the basic right of birth,and the right of birth of couples seeking pregnancy needs to be guaranteed;surrogate mothers have the right to control their own bodies;the legalization of surrogate will not only not destroy the family structure in the marriage law,but also make it more stable.From the practical level,infertile families need surrogacy to help them realize their desire to have children;families with unfit diseases need surrogacy,otherwise they can only risk their lives to have children;families without independence need surrogacy to bring them new life and new hope.Third,the legal conditions for the legalization of surrogacy.First of all,the types of surrogacy that can be legalized should be limited.According to different classification standards,surrogacy can be divided into many kinds,but not every kind of surrogacy can be legalized.Only complete surrogacy,non-commercial surrogacy,non kinship surrogacy and medical surrogacy can be legalized.Then the main body of the surrogacy agreement is limited.There are many couples who need surrogacy,but the client must be a legal couple and the trustee must be a pregnant woman.The entrusting party and the entrusted party must sign a written surrogacy agreement to clarify the legal effect of the surrogacy agreement.Only on the basis of the effective surrogacy agreement can the rights and interests of both parties be protected according to the surrogacy agreement.Clear the rights and obligations of the parties to the agreement,and then when there is a breach of contract,the liability for breach of contract can be investigated,and damages can be claimed.Fourth,the legal procedure of surrogacy.To realize the legalization of surrogacy,we should not only meet the legal conditions,but also meet the legal procedures.Before surrogacy,the qualification examination should be carried out,which mainly includes: establishing surrogacy files,checking the fertility conditions of both parties,and the surrogacy behavior must be examined and approved by the administrative organ.In order to supervise the process of surrogacy,the surrogacy technology must be implemented by the medical institutions and medical personnel recognized by the administrative organ,and the information of each prenatal examination must be recorded and archived.Finally,we should pay attention to the protection of rights and interests after surrogacy,introduce the confirmation system of parental rights of surrogacy children,and establish the confidentiality system of surrogacy information.