Analysis Of Issues Related To Assisted Reproduction Technology

As one of the most important life sciences rised in the mid-20th century, the Human Assisted Reproductive Technology (ART) is particularly effective in solving the increasingly problems of barrenness . But it also generated a lot of legal issues hard to be solved under the present circumstances, for making strong impacts to the traditional family ethic. This article made a in-depth analysis through the main legal issues caused by ART, discussing with the principles and methods of Jurisprudence , Medical Ethics and Health Law . First, it made an overview of the development of Assisted Reproductive Technology. Then second, it discussed the basic theories about the rationality and legitimacy of of ART. At last, it also summarized some countermeasures and suggestions for China's legislation on assisted reproductive career , especially on the basis of the social reality.In this paper, the authors choose to use self-made questionnaire guitar sophomore at Center for Reproductive Medicine, Obstetrics and Gynecology Hospital of Changchun City, Center for Reproductive Medicine, 208 Hospital of assisted reproductive center to assisted reproductive technology infertility patients as a survey conducted a questionnaire survey 200 questionnaires were distributed, 200 were recovered, of which 158 valid questionnaires.Results:The results showed that patients on assisted reproductive technology in general level of interest high. More than 79.75% of respondents choose the network, television, newspapers and magazines to learn of this information, and assisted reproductive technology is full of expectations, even as the optimal treatment of infertility means. For the attention of the technology itself, the 93.67% of the people for the maturity of assisted reproductive technology is most concerned about, hoping to get one child through assisted reproductive technology; but there are 89.87% of people assisted reproductive technology, the impact on children born expressed concern.For the Sperm Bank ,117 presence respondents selected the "symbol of social progress, a good way to solve unable to have children", there are 36 people at this stage that the construction of the sperm bank, "imperfect, need to wait and see "only five people a clear choice" would be contrary to the ethical, social problems lead to more "option. For now the controversial donated sperm / eggs reproductive technologies, 35 were able to accept other people's sperm that have children, while 87 said they could not accept. Can not accept donations for sperm / egg reproductive technology patients, 25 were considered "difficult to accept emotionally," 37 that "around the unbearable pressure of public opinion", 16 "and worried about the child's physical," 9 that "does not meet the needs of social ethics. "For the surrogate phenomenon, there are 36 patients that "contrary to human relations, the state should be banned, crack down," there are 27 patients that "citizens have reproductive rights, as long as the voluntary choice fertility patterns is a citizen own thing, you can try." , and more patients that have a strict management of legal intervention.Discussion:Based on the findings of the statistical analysis and collation of relevant literature to read, the author concluded that: because of its human assisted reproductive technology has changed the traditional reproductive patterns, to bring hope to patients with infertility, but also the ethics of human society with to the impact, causing a variety of legal issues. But on the whole, human assisted reproductive technology and the development of legitimacy. First of all,assisted reproductive technology in real conditions with a reasonable, because in line with the principle of no harm, the principle of social justice and minority rights protection principles of the basic requirements. At the same time, reproductive rights based on the protection of fundamental human rights, assisted reproductive technology also has the absolute legitimacy.Based on the investigation and documentation, the author summarizes the number of assisted reproductive technologies focus on the issue, in accordance with methods of health law and jurisprudence, legal relations, sperm banks, surrogacy and other aspects were discussed. Legal relationship of assisted reproduction, including assisted reproductive technology in the main service agencies, assisted reproductive suppliers, assisted reproductive demand side, children born to the five regulatory agencies, the legal relationship between the more complex. Especially for the sperm bank, as a treatment for infertility agency in terms of its establishment and operation mechanism must be in the relevant legal, ethical values and public opinion are strictly under the supervision of the control.In order to standardize the healthy development of assisted reproductive technology, even though China's Ministry of Health promulgated the "Measures for the Administration of human assisted reproductive technology" and "Sperm Bank" and so a series of industry standards, but the legislation on assisted reproductive technology is lagging behind, or even blank, in a result of assisted reproduction face a wider range of social issues involved is always "beyond the reach of." Therefore, our legal system should be strengthened reproductive development.The author believes that the protection and maintenance of the basic national policy of family planning under the premise of the law on assisted reproductive technology in China in the following aspects should be involved in social issues for effective regulation: (a) the specification of human assisted reproductive technology, applicable conditions; (b) strengthen the public welfare and protect the sperm donor technical legal rights; (c) of children born of assisted reproductive clear legal status; (d) explicitly with the use of frozen sperm preservation restrictions; (e) strengthening the responsibilities of a regulatory agency; (f) improve supporting laws and regulations of the building.