On The Legitimacy Of Surrogate Parenting Agreement

This dissertation has been divided into four parts. The first chapter has been titled as "the right basis of the legality of surrogate parenting agreement". The author analyzes the attribute of procreate right which has a nature of constitutional rights, the conclusion is that procreate right which is one of basic rights and civil rights could not be deprived of, unless there are legal reasons and legal procedures, therefore, the author demonstrated the right basis of legality of surrogate behaviors. The second chapter has been titled as "the legality of surrogate parenting agreement under the principle of public order and good custom". From the viewpoint of the principle of public order and good custom, by defining the connotation of public order and good custom, the author analyzes conditions judging the violation of public order and good custom and other factors that need to be considered, in order to testify surrogate parenting agreement under particular conditions don't break the principle of public order and good custom. The third chapter has been titled as "legislation comparison analysis on the legality of surrogate parenting agreement". The author analyzes the success and deficiencies of Chinese legislation after taking legislation comparison research between two great legal systems, so as to demonstrate the legality of surrogate behaviors once again from the perspective of positivism. The author believes that it is the tendency of worldwide counties to confirm the legality to some extent, which ranges from absolute legal prohibition to limited confirmation of surrogate behaviors. It is the prerequisite of solving the specific problems which result from surrogacy to confirm the limited legality of surrogate behaviors. The fourth chapter has been titled as "the reconfiguration of Chinese surrogate parenting agreement legal institutions". The author proposes the related legislative recommendations and drafts the corresponding legislative recommendation articles, in order to promote the perfection of Chinese artificial reproductive legislation in future and benefit to settle practical controversies.