The Legal Regulation Of Surrogacy

The topic of this thesis is"The legal regulation of surrogacy-The perspective of gestational surrogate". The article first analysis the production of surrogate and the reasons of it. First, the topic discuss the causes of surrogate and introduce the type of surrogate, elaborate the theoretical basis of surrogate, finally it propose the legal issues arising surrogate, this is identified as surrogate children and surrogate paid issues, this is also the second and third part problem to be solved.Chapter two is an exploration and also a discussion about the identity of surrogate children,As surrogate children is identified as a surrogate births are more easily lead to disputes。In this paper, a study on the extra-territorial law, including the prohibition of surrogate to implement national legislation and judicial precedents also include opening of surrogate implementation of national legislation and judicial precedents. Finally, on the basis of advanced foreign practices, combined with China's national conditions,we find the solution to this problem.When putting surrogate into practice, the society may inevitably confront some issues like whether such behavior should be paid or not , which has also caused dispute in abroad. Hence, apart from the identity of the baby given birth by a surrogate mother, it becomes another problem the program confronts. On chapter three, there is an analysis of such paying work. The analysis, having studied the foreign law and integrated the national conditions in our country, affirms its payment and make an analysis of its foundation.Although identified as surrogate children and the pay for surrogate births are the main cause of surrogacy disputes. But in order to solve the problem better,and avoid the disputes as much as possible. In the fourth chapter,considering about the law of our country of surrogate,that although legislation banned,it still can be a limited use of assisted reproductive technology, allowing the use of gestational surrogate type. Meanwhile, in addition to solving the identity of surrogate children and the pay for surrogate, we should also carry out regulation of other aspects.