Ethical And Legal Studies Limited Open Surrogacy

As the emergence of surrogacy technology,many infertile patients regained hope.Meanwhile, surrogacy commercialization will become inevitable problem.Scholars have proposed ban on surrogacy technology.lt means that if the the wife’s side wornb or ovaries defected, whether congenital or acquired, the couple will not be able to own all or part blood relationship children. Some countries set up specialized institutions to protect the reproductive rights of infertile couples, while allowing non-commercial surrogacy hitting the commercial behavior. Some didn’t allow surrogacy countries before also begin to permit non-commercial surrogacy policy gradually because under the situation in society more and more secret backroom deals between those who want to have their own children’s infertile couples and illegal businessmen.In February2001, the Ministry of Health promulgated The Measures for the Administration of Human Assisted Reproductive Technology and formed a completed set of technical standards and ethical principles including ban on any form of surrogacy technology.Since then secret backroom deals became rampant and related legal disputes from time to time.More seriously was that multinational surrogacy cause the ethical dilemma what’s more important is cause the Life Ethical Community’s attention.Under this situation, some scholars proposed a ban on surrogacy again mainly based on the followings:1Surrogacy is money relations, demeaning the surrogacy and women’s social status, harmful to the protection of the rights of women.2.A surrogacy Reduced to a reproductive tool, commercialize the uterus. A surrogacy will become a means of the rich oppress the poor-hire the poor instead them suffer the pain of childbirth.Meanwhile here is a certain risk for surrogacys.If there is any risks in this progess.Who will in charge?3.Surrogacy influenced family’s harmonious, damaging the integrity of a family. At present the country related legal norms is not completed.For instant what kind of women can be surrogacy?And miscarriage, birth defects and the pregnancy childbirth complications, unexpected death and other bad situations like this who will in charge and other related issues will be difficult to solve.The emergence of surrogacy technology impact the traditional ethics moral concept and challenging the existing legal system. But it does not become a reason to ban on surrogacy technology. Based on the analysis of a total ban on surrogacy with ethical reason, demonstrated limited open a surrogate ethical and legal basis, try to find a way to harmless to limited open surrogacy technology and practice the way of maintaining the dignity of man run parallel under the theory of personal and social conditions, and on this basis, to explore China’s matches the life ethics surrogate measures of management.First, to ensure that the surrogate technology for the well-being of patients with infertility, strictly limited to party, surrogate commissioned on surrogacy conditions; to prevent abuse of the surrogate technology, types of medical institutions and technology must be severely restricted; for the children to avoid disputes, relevant laws and regulations and surrogacy agreement should clearly parent-child relationship; for the effective practice of family planning policy, a surrogate process should strictly implement the provisions of family planning.Second, in the formulation of finite open the surrogate range, should follow the ethical principles, such as:non-commercial principle, give priority to the surrogate mother interest principle, principle, the principle of confidentiality, completely altruistic maintenance offspring principle.Third, in the premise of the surrogate constraint and ethics, to establish and perfect the surrogate of related laws and regulations, the introduction of relevant management measures or rules as soon as possible, make a surrogate technology the whole process of law; to establish and perfect the supervision system of government departments, the establishment of NGO mechanism, solve difficult problems of surrogacy, effective prevention of adverse circumstances and legal disputes may arise in the implementation of surrogacy technology.In short, treat the surrogate technology, should draw on the advantages and avoid disadvantages, The attitude of the foster strengths and circumvent weaknesses, limited opening of the new policies. On the one hand, allowing non-commercial, aid of a surrogate technology, in order to give full play to the benefits of the progress of science and technology, promote the realization of infertile couples, reproductive rights, meet their desire to have children of their own happiness; On the other hand, to safeguard human dignity and human rights should adhere to the commercial surrogacy technology prohibited. Therefore, it is necessary to formulate restrictions related, such as surrogate must be infertile patients relatives (i.e. infertility mother or sister). Because surrogacy among relatives, the relationship does not involve money, only family as mutual aid type behavior, is completely altruistic surrogacy. Relatives of the surrogate not only plays a positive role in keeping good relationship between the two sides, and the students on behalf of children is the end. Thus in the formulation of effective management measures, can effectively play the positive effect of surrogate technology, to maximize the service for patients with infertility.