Research On Legal Regulation Of Surrogacy From The Perspective Of Losing A Chil

At one time,China’s family planning policy was a great success in controlling population growth and contributed greatly to the rapid economic development over the past four decades.But the family planning policy has also given rise to a number of social problems,such as the problem of single-parent families.Having lost the only child in the family,the parents not only suffer physically and mentally,but also face the dilemma of having no one to provide for them in the future.It is true that the state has provided some material support for families who have lost their children,but at the moment society is still dominated by the children’s retirement.Although adoption can also solve this problem,the high threshold for adoption in China discourages many families from raising their own children,and the biological genetic instinct makes people want to raise their own children.Surrogacy is an assisted reproductive technology that meets the needs of parents who have lost their children,and offers the hope of regaining their biological children for families who are unable to do so.Against the backdrop of the state’s efforts to encourage childbirth and the many difficulties faced by a large number of single-parent families,China’s attitude towards surrogacy should be re-examined,as the limited opening of surrogacy to single-parent families is in line with China’s ’people-centred’ development philosophy,and has a legal basis and practical justification.The state should use its public authority to regulate surrogacy so that it can operate normally within the limits of social ethics and morality.This paper mainly uses the methods of literature analysis,case study analysis and comparative study to analyse and study the legal regulation of limited open surrogacy for families without parents.In this paper,we propose a vision of legal regulation of limited open surrogacy for single-parent families in China,hoping to make limited open surrogacy for single-parent families legally enforceable,so as to maximise the interests and well-being of society.It is divided into five parts as follows:The first part is an introduction to the relevant concepts,focusing on the concepts related to open surrogacy for families without a family.At present,the concept of surrogacy exists in academic circles mainly from two perspectives:medical technology and legal contract.The author synthesizes the main elements of these two accounts to arrive at the concept of surrogacy,and also introduces the types of surrogacy and the concept of the lost family to set the stage for the following discussion.The second part explains the rationale for limited open surrogacy for families with lost children,including both jurisprudential and practical background rationales.From a jurisprudential perspective,the right to reproduction is enjoyed by families without children,and the limited opening up of surrogacy for families without children is in line with the principles of fairness and justice,the principle that nothing is prohibited by law,and the principle of non-injury;from a practical perspective,there is a strong demand for families without children to reproduce,and the public’s attitude towards surrogacy is gradually opening up.Therefore,not only does the limited opening of surrogacy for families without children violate the principle of public order and morality,on the contrary,this initiative is the right choice in the current realistic context and reflects the state’s ethical concern for this special group of families without children.The third part analyses the specific difficulties faced by China in constructing a limited open surrogacy system for single-parent families,mainly the problems of restricted access to surrogacy subjects,difficulties in implementing gratuitous surrogacy,and the validity of surrogacy agreements,which hinder the process of limited open surrogacy for single-parent families and pave the way for the proposed limited surrogacy system for single-parent families later on.The fourth part introduces the experiences of overseas countries in regulating surrogacy and what they have taught us.There are three main types of surrogacy regulation models:total prohibition,limited liberalisation and total liberalisation,and the practices of typical countries under these three models are listed,together with the relevant insights.We can see that the legal regulation of surrogacy in each country is not static,and will change in accordance with the development of their national conditions.Both the complete prohibition model and the complete open model have their drawbacks and are slowly changing with the development of society,while the limited open model is more suitable for the current national conditions in China.The fifth part explains the concept of the limited openness of surrogacy regulation in China,firstly,the basic principles of voluntary equality,public order and morality,honesty and trustworthiness,and non-commercialization should be established;secondly,the conditions for the limited openness of surrogacy should be set.Finally,in order to ensure the effective operation of surrogacy for families with lost children and to avoid the industrialization and commercialization of surrogacy,China should establish a strict regulatory system from the legislative,administrative and social aspects.