Surrogate Legal Issues

With social development, the opinion towards the family, marriage and the birth is unceasingly challenging the traditional ethics and the law; the increasing unstableness of family and marriage renders the family betray the pure sex combination. The development of reproductive science and technology realizes the dreams of those who were sterile, homosexual and infirm of child-birth. The phenomenon of the appearance of surrogating is a product of science and the need of birth.As other high technologies, the biomedicine is a double-edged sword. Out of poor learning of the assistant reproductive technology, especially to use of the goal, scope and the object, the man was undoubtedly be vexed by the problems of ethics, morals, legal matter and infectious or hereditary diseases. As a special kind of assistant reproductive technology, the surrogating was no longer concentrates all the problems of other reproductive technology, but also triggers other disputes.The outbreak of surrogating is beneficial to those women who get the diseases of chromosome and sterility, which may at least fulfill their dreams of raising a child, especially with the gene of parents. But if such kind of new profession continues, it may makes biological slaves of women who stricken with finance and their personal rights could not be protected. The baby and the womb change into commodity, the traditional family relations collapses and the danger of the marriage between relatives exists.The aim of the paper was to support the prohibitive rule of Ministry of Health and request strongly to put to the end of surrogating. Through the origin, present state and the social problems from it, the author concludes that the surrogating betrays our social ethics and legal systems, let alone to our national situation. In order to prevent the surrogating endangers our society; we must uphold the stipulations named "prohibit surrogating of any kinds" and consummate the relevant regulations so as to establish the counter-surrogating and punishing design. Meanwhile, provide legal protection to relevant body, thought which to reduce the negative effects of surrogating and recover the order and tranquility of the ethical morals and law.The article divides into four parts:The first part is to introduce the concept and category of surrogating and distinguishes it from traditional unlawful behavior of "give birth by other's worm", "illegal sexual behavior" and "multi-wife in disguised form".The second part the reason is to analyze the reasons and present situation which included sterility, homosexual behavior and those cannot or would not give birth. Meanwhile, list the attitudes of the surrogated, mass and the government globally and analyze the present situation and evolvement of surrogating in China.The third part is the qualitative analysis to surrogating, which points out that the surrogating behavior conflicts the social ethics and birth control policy of our country. Meanwhile it also points out that the surrogating may brings other problems to others and society.The forth part is about the legislative measures of anti-surrogating, which brings forth the suggestions from legislation of subject, entity, lawful rights of surrogating children and marriage among close relatives and other victims.The last is the conclusion sum up the whole essay and the worry on the legalization of surrogating in some other countries.The creative ideas are in mainly on the third and forth part. From reasoning of the illegalization on surrogating to the resolutions of surrogating conflict, from legislative measures to the protection of the victims, the author support it from the human right, social ethics and theory of law. In fact, surrogating contradicts to life and moral ethics. Surrogating is not the stretch of birth right, but the tort. Moreover, it challenges the law and policy. In one word, the surrogating equals the child selling.The problems triggers by the surrogating should be solved itself. The forbidden by law means not such phenomena will disappear itself. Those who can not give birth always remember the birth right. Protection of the offspring is the key of forbidding surrogating behavior. The conflict between the surrogate mother and their children is the problem. The proper mothers are always the right person who bear child. Only when surrogating mothers' the legal statues accepted, so does her children. But surrogating children are in danger of the marriage of close relatives, so the keep away the marriage of close relatives could really make anti-surrogating. The opening of surrogating is disaster; and there is no reason not to forbid the activity. Based on the situation of our country, the author contrives anti-surrogating control system and classifies seriously surrogating to the same range of illegal business and classifies the activity of collecting, providing and using sperm, spawn, embryo and other human cell material to criminal and contrived the according penalty range and provides civil legislation care. There is detailed statement in the fourth part.