| The Ministry of Health in China promulgated a regulation on Assisted ReproductionTechnology in March 2001 contains an article completely prohibiting surrogate motherhood:"No health care provider shah use fertility treatment technologies to induce surrogatepregnancy". Against this background, this article firstly wants to clearly define "surrogatemotherhood", brings forward the history and status quo of surrogacy, and address ethical issuesin related to whether to permit the use of surrogate motherhood. In regard to the ethical, policyand regulatory dimensions, this is highly significant in theory as well as in practice.The reasons for completely prohibiting surrogate motherhood that may be raised are worriesabout the objectification and commercialization of women's body; doing harm to the familyand the child; forming a moral slippery slope, and violating the principle of nonmaleficencewhich is widely considered to be an overriding duty to anyone who undertakes the practice of acertain technology in clinical context. However, the principle of nonmaleficence does notrequire there should not be any harm or risk in a treatment. Instead, it tells us to avoid needlessrisk and to minimize the risk as far as reasonably possible. The thing we must think about is tobalance the risk and the benefit in any procedure. There is reason to believe that there will bemore benefits than risks in surrogate motherhood.This article examines some arguments supporting for surrogate motherhood. The mostimportant is that the right of having children is fundamental to all people, infertile couplesshould have a choice between adoption, surrogate motherhood or having no children and weshould respect this fundamental right and personal choice of infertile persons. Now why do wepermit people suffering from certain types of infertility to use some kinds of assistedreproductive technologies, but refuse other people who suffer from other types of infertility touse surrogate pregnancy technologies? This difference in treatment cannot be ethically justifiedand is unjust. And then I address substantial ethical issues and procedural ethical issues insurrogate motherhood and argue that the gestational surrogate motherhood can be justifiedethically.The article will overview the laws and regulations of surrogate motherhood in variouscountries. The remarkable is while completely prohibiting surrogate motherhood in mainlandChina, the law prohibiting it was reformed in other countries.In conclusion I will argue that the gestational surrogate motherhood out of the principle ofsolidarity can be justified ethically, but not the genetic surrogate motherhood and commercialsurrogate motherhood. So the complete prohibition policy on surrogate motherhood should bereconsidered. |