Research On The Legal Problems Of Surrogate Motherhood

And many of the high-tech, human assisted reproductive technology is also a double-edged sword, inbenefit mankind while, the surrogate is also affected by the moral, legal and ethical challenges. China’sMinistry of health has not been on the surrogate is defined to make clear explanation and regulations, thispaper argues that the surrogate is a way of human assisted reproduction, refers to the wife of a variety ofreasons cannot personally based on pregnancy, so boow another woman uterine pregnancy for theirchildren behavior. This lends itself to the endometrium of women with known as surrogate mother. Thisreproductive mode of reproduction, usually with the sperm of the husband and wife or surrogate mother ’segg, the surrogate mother will children entrusted to the couple, and give up the rights of mother. Academicadmiral couples are called commissioned husband and wife, pregnant woman is called a surrogate mother,and children are known as surrogate children.To the surrogate, all attitudes are not the same. Some completely banned, some restrictions, somecompletely open. In March5,2001, China’s Ministry of Health issued a" human assisted reproductivetechnology management approach", and clearly defined: since August1,2001, the medical institutions andmedical personnel may not carry out any form of surrogacy. April10,2001, the Ministry of Healthspokesman Mao Qunan again made it clear: China strictly prohibits surrogacy technologyimplementation.technological progress and the people of new ideas change, and the strange phenomenon ofsupply and demand.Surrogacy contract really play its due role? Whether the cause of grey surrogacylegalization? In the law of the cracks in the exploitation of surrogate mother surrogate intermediary shouldnot be punished? Surrogate mother custody of the child, as well as surrogate demand side of thereproductive right problems, these problems are caused by China Ministry of health to develop" of humanassisted reproductive technology management approach" that can’t be solved, visible forbidding surrogatelegal approach to the management of emergency plan only, not for long.Taiwan is China’s first published allowing surrogate legal areas, also experienced from prohibition tothe lifting of the ban as a process. Since1986the" artificial reproductive technology ethics guidelines" in1994and" artificial reproductive technology management approach" to inhibit mode, to1997June proposed" artificial reproductive law" draft began to put on the legislative agenda, last to March21,2007,"artificial reproductive law" in Taiwan law courts by, and published for implementation, surrogacy theformal legalization. It provides can implement conditional surrogate artificial reproduction, i.e. surrogateprovides only the uterus, replacement during pregnancy, which can avoid the surrogate process of inbred,gene relation lead to the parent-child relationship of complex.Some of the world was in the surrogate issues had laws against Britain and France and the UnitedStates and other advanced countries, has also started the lifting of the Ban Ban surrogacy laws andregulations, and to remedy the legal loophole.1985,1990, Britain has promulgated the" law" and" surrogateagreement of human and Embryology Act"," human fertilization and embryo law" provisions for surrogatelink legal gap. It is stipulated: the Human Fertilisation and embryo research authority (HFEA) license asthe implementation of the surrogate of premise condition; determining the surrogacy agreement ’s legalstatus, surrogacy agreement shall not by the parties, nor against the parties; allowing the payment of areasonable fee to the surrogate mother, the mother is defined as " delivery for mother".Holland, Denmark, Hungary, Finland and Greece and other countries allow surrogate behavior exists,that the surrogate the advantages outweigh the disadvantages. Russia, India, Thailand more and someEastern European countries also allows commercial surrogacy, and legislation on the surrogate mother hasstrict regulations to protect its interests. In India, since2002, commercial already belonged to the lawful act.In2008, India specially published a standardized surrogate market draft laws, regulations: the surrogatewoman cannot be both the egg donor, but can be infertile couples relatives or specialized in the surrogatewoman.Although, the surrogate to a certain extent, is conducive to the elimination of infertile patients painand consolidate the sterile marriage, and surrogate children in natural genetic factors than the adoptedchildren can meet the psychological needs of infertile patients, while surrogate through IVF, in vitrofertilization, breaks through the traditional sexual reproduction mode, the protection of the the traditionalfamily, but the surrogate in the marriage law, inheritance law, parent-child relationship that will give somelegal disputes. Repair and improvement of China’s legal protection of surrogate surrogate mother surrogate,and the lawful rights and interests of the client, solve problems and rules, norms of industry, all beimperative. This paper uses a comparative study and literature analysis method, draw lessons from the relevant countries and regions surrogate legislation, put forward normative our country approach.Putforward respectively to kinship," reproductive rights" as the basis to establish the legitimacy of surrogacy,by contract law to regulate the surrogacy contract effectiveness, rely on legislation implementing surrogateconstraint condition, should be in there are limitations to the use of surrogate principle; the principle ofequality and voluntariness surrogate main parties; not for profit purpose of the principle of the principle ofstandardization; management system; strict requirements of medical personnel on the principle of theparties shall have the power to a duty and the legal liability provisions, which put forward in China toestablish limited open the surrogate key point.