Research On Limited Open Surrogacy In My Country

Surrogacy is an artificial assisted reproductive technology.Its concept has the narrow sense and the broad sense,according to the different division standard,has the different classification.According to the standard of genetic relationship between surrogate parent and surrogate child,it can be divided into genetic surrogate and pregnancy surrogate;according to the standard of money transaction,it can be divided into commercial surrogate and non-commercial surrogate;according to the standard of kinship relationship between surrogate and client,it can be divided into kinship surrogate and non kinship surrogate.The limited open surrogacy studied in this paper specifically refers to the behavior of couples suffering from childbearing diseases,in which both partners provide reproductive cells and entrust surrogacy volunteers to substitute for pregnancy.According to the above classification standard,it belongs to the non-commercial,non relative,pregnancy type surrogate method.The prohibition of surrogacy by medical staff in China does not avoid the possible problems of surrogacy,but makes the surrogacy market more chaotic.It can be seen that one size fits all prohibition of surrogacy is not a good policy.In addition,according to relevant data statistics,reproductive diseases have become the third largest disease of human beings,and surrogacy as a reproductive assistant technology is of great significance for some families to solve reproductive diseases.Although there are a few people who need surrogacy,it is also the duty of law to protect their rights and interests.Limited open surrogacy can not only avoid many problems of surrogacy,but also regulate the order of surrogacy,play the positive role of surrogacy technology,and realize the legitimate rights and interests of a few people.It is a good strategy to deal with surrogacy at present.In addition to the introduction and conclusion,this paper will be divided into four parts to discuss the limited open surrogacy in China.The first part is an overview of surrogacy.This part starts from the concept and types of surrogacy,defines the specific types of limited open surrogacy,analyzes the related issues that surrogacy may cause,and combs the academic disputes about surrogacy.The second part is the feasibility and necessity of limited open surrogacy in China.This part demonstrates the rationality of limited open surrogacy from two aspects: feasibility and necessity.The third part is about the comparison and reference of the models within and outside the scope of surrogate legalization.This part introduces the American state autonomy model,the British government regulation model and the Hong Kong cautious restriction model.The author believes that the prudent shrinkage restriction model in Hong Kong is suitable for the mainland of China.The fourth part is the design of limited open surrogacy system in China.This paper only supports the registered couples with childbearing difficulties to carry out surrogacy behavior on the premise of meeting legal conditions,that is,"homogeneous pregnancy type" surrogacy,which is also the meaning of the title of this article "limited opening".The limited open surrogacy in China should adhere to three basic principles: limited open,equal and voluntary,and non-commercial.On this basis,the author also regulates the content and effect of surrogacy agreement,and designs the regulatory agency of surrogacy technology in detail.In a word,the author maintains that the legislation of surrogacy can only be limited and open in recent years,and the "legal surrogacy" is still in the primary stage,that is,the emergency stage of infertile couples.As for other surrogacy needs,at present,China's laws are not suitable to meet,in order to avoid the problems caused by over opening surrogacy.