Legal Research On Surrogate Pregnant

With modern medical technology advances, the assisted reproductive technology which called surrogate birth arises as the times require. Surrogate is on the basis of negotiate consistent between principal couples and surrogate motherhood, surrogate motherhood will be responsible for pregnant and childbirth after vitro fertilization and the fertilized eggs has implanted into surrogate motherhood body. Surrogate motherhood will give the child back to entrust couples as raisers. Our country and worldwide pay a lot of attention to surrogate mother just because a surrogate agreement can not only give infertility couples the desire of children but also can let some reluctant to personally conception of childbirth women and gay, singles, etc have their own children.Different countries have different regulations even opposite attitudes because of a surrogate broke traditional fertility way. For example, as in the lead of California and India, the surrogate birth is complete open in some countries and regions. Therefore, many people in the world who wants to entrust surrogates come to these regions, this also promote the development of surrogate industry in these areas. But in the lead of Germany and France, some countries take resolute negative attitudes to a surrogate birth and do not admit the effectiveness of surrogate agreement. In addition, some countries take dialectical attitude or selective accept to surrogate birth.The academic circles have different ideas about the attitude to surrogate and have demonstrated the irrationality of surrogate birth from the system settings, ethic population control,or the effectiveness of surrogate agreement. Others think of human surrogate birth outweigh the costs. It will develop towards the direction of benefit social progress if the law admits the legality of its existence and regulates it reasonablely. As a new technology, surrogate birth strike a lot such as ethics. It will definitely bring not only many disputes but also the disadvantageous to the social harmony and stability if we didn't use it well. But these can be regulated by laws and then makes it serve for mankind.Clear the irrational and absoluteness of the provisions surrogate birth in our country through both domestic and international analysis of the current situation of surrogate birth legislation. Our country should not take the attitudes of "one size fits all" in surrogate birth. We should not regulate in administrative regulations form but determine the legal status of the surrogate birth in law. Finally I put forward that our country should establish bill according to the condition of our country under the premise of the relevant legislation abroad about surrogate birth. The law should be focus on allowance of the type of surrogate birth, the restriction conditions in surrogate agreement, the contents and effect of surrogate agreement, the determination surrogate son woman parent-child relationship.