Artificial Child-bearing Legal Problems

This paper is divided into four parts, around artificial way of regeneration and artificial children in a family of legal these two problems, firstly summarizes artificially child-bearing basic theory of legal system in China, and then through review of artificial child-bearing the legal system research actuality and problems in our country, referrring foreign as well as Hong Kong, Macao, Taiwan advanced artificially child-bearing legal system, proposed perfecting the legal system of artificial child-bearing some legislative Suggestions.The first part, introduces the artificial child-bearing legal system of basic theories. Firstly expounds artificially child-bearing legal system produce the research, technology development and the needs of the development of human rights theories. Then clear the artificially fertility legal system in way of regeneration, the concept and classification, artificial fertility mode can be divided into artificially body fertilization, artificially in vitro fertilization (ivf, surrogate and cloning. Finally summarizes different kinds of artificial artificial fertility way children in a family of legal.The second part, through comparing the continental law system and common law on behalf of the state of artificial child-bearing legal system in China and Hong Kong, Macao, and Taiwan regions artificially child-bearing legal system, this paper analyses the differences and comments system of the pros and cons. The artificial fertility way the provisions of the laws of the Anglo-American system on behalf of the state allows multiple fertility, relatively open mode of existence; In contrast, continental law on behalf of the state is more, most countries limit expressly prohibit surrogate. Then comparing the foreign law on artificially child-bearing legal status of the establishment of quality. In addition, also on China's Hong Kong, Macao and Taiwan regions of artificial child-bearing fertility way and artificial have children of legal were compared. Foreign and China's Hong Kong area of artificial fertility subject are more widely, artificial reproductive rights can get effective safeguard. For artificial fertility exists in the right to know and privacy of conflict, the solution of the problem existing in the foreign law of children's birth registration system, and a way to artificially fertility problems in solution are worthy of our country law reference.The third part, the author analyzes artificially child-bearing legal problems of current research, compare a foreign law and China's Hong Kong, Macao, and Taiwan regions artificially child-bearing legal system, we find out the legal system of our country artificially fertility problems existing in the way: birth in the form of husband and wife agree agreement and the effect problem, after the death of her husband with her husband was frozen can implement artificially fertility, artificial sperm fertility subject except married couple outside whether should include single of unmarried women, whether enjoy artificially birth death the rights, a complete ban surrogate doesn't conform to China's situation and other issues, In establishing the artificially child-bearing legal status, without her husband's agreed with artificial insemination fertility children how to establish the legal status of the husband, use before freezing sperm implementation artificial insemination fertility children how to establish the legal status, unmarried single women have children problems of the legal status and a surrogate child-bearing legal status, etc.The fourth part of our country, artificial fertility problems in each system are analyzed, the author puts forward the artificially child-bearing legal system legislative Suggestions: standard homogeneous artificial insemination and heterogeneous artificial insemination artificially fertility mode, allow conditional surrogate and regulate surrogate contract; Through the proposed artificially child-bearing legal status and, following the principle of proposed cohabiting couples system to improve China's artificially children in a family of legal and constructing the child birth registration system to coordinate the privacy and the right of artificial fertility protection of the conflict.