On The Legitimacy Of Surrogate Parenting Contract

The surrogate technology is one of human assisted reproductive technology. Itsappearance has given rise to a giant impact in the fields of ethics, law and so on. Insurrogacy-technologically developed countries and regions, Surrogacy legalizationshave long been arguing, various of countries adopt different attitudes in their laws.Since China’s surrogate technology appeared in the nineteen eighties, it has made aspurt of progress in ten years. In2001, the Ministry of Health enacted “Measures forAdministration of Human Assisted Reproductive Technology” and “Specification ofHuman Assisted Reproductive Technology”. All above provisions clearly forbidsurrogacy. The official explanation on this total prohibition of surrogacy proposes tworeasons: one is that prohibition of surrogacy involves only a very tiny minority. itwon’t affect most people; the other one is that surrogacy will bring about numerousproblems which are difficult to handle. As the emergence and growth of surrogatetechnology are very important in both scientific and medial history, many countriesbecome more and more rational to Surrogacy. These provisions of the Ministry ofHealth have two disadvantage. First, the provisions as administrative regulations haveweak force as the lack of law. Second, more and more women have fertility problems.Under moral pressure, illegally surrogate problems are increasing fast. They bring alot of problems in the fields of ethics, law and so on. The fact in the face of us is thatsurrogacy does not fade away under the prohibition by law; instead, it is boomingdeveloping in half-hidden crevices. Due to the absence of legal regulation, violationsof rights and interests of women and children have been arisen every now and then.Therefore, it is more harmful to totally prohibit surrogacy, just because of itsside-effect. Only a realistic legal regulation can cut down unnecessary disputes andconflicts, and maximize the benefit of surrogacy to the entire human race. Onlythrough surrogacy legislation we can make surrogacy play a positive role.In this thesis, from different aspects such as value orientation, legal principle and analytical comparison to legislation of various countries, surrogacy is proved legaland reasonable.The article includes three chapters:Chapter One, first of all,from the angle of human needs,the contradictions ofsurrogacy and ethics are proved to mediate.Then,from legal basis,trough analysisand explanation on reproductive right,body right and such kind of legal issues andprinciples,proving the legalization of Surrogate parenting contract,the conclusion isthat procreate right which is one of basic rigihts and civil rights could not be deprivedof, unless there are legal reasons and legal procedures, therefore,the authordemonstrated the right basis of legality of surrogate behaviors.Chapter Two, comparing the laws of Surrogate parenting contract in differentcountries, as a reference to our legislation. It is the prerequisite of solving the specificproblems which result from surrogacy to confirm the limited legality of surrogatebehaviors.Chapter Three, the author analyzes the success and deficiencies of Chineselegislation after taking legislation comparison research between two great legalsystems, so as to demonstrate the legality of surrogate behaviors once again from theperspective of positivism, include China’s surrogate in legalization process,legislativeprinciples and system design proposal.