| As one kind of Artificial Assisted Reproductive Technology,Surrogate Parentingis not only promoting social progress but also bringing a complete family forinfertility patient’s.But just as every coin has two sides,Surrogate Parenting can alsoprovoke some harmfulness to the society.As the surrogate parenting technology rapiddeveloping and widely used in clinical medicine,some ethical controversy graduallyto appear and it also bring some legal problem which is difficult to solve.Forexample,the mother is surrogating for her own daughter or how to determine theparent-child relationship and so on.Beside in our daily life,the events triggered bythe surrogate parenting technology have often occurred,and many micro-criminallegal issues are prevalent.Such as the business trade for sperm and ovum,how todefine the legal status of the embryos,the behavior of destroying and discarding theshaping embryos and so on.The existence of these cases brought challenges to themodern criminal liability theory and institutional and had an impact on the view ofthe social ethics and the legal system.Faced with these problems,we only have theAdministration Measure of Human Artificial Assisted Reproductive Technologyissued by Ministry of Health in February2011as well as the Regulation of HumanArtificial Assisted Reproductive and Human Artificial Assisted ReproductiveTechnology and the Ethical Principle of the Human Sperm Bank in August2003.This legal provisions only involve the medical institution and the medicalpersonnel can’t use the surrogate parenting technology,if someone did,he willconstitute a crime and shall be investigated for criminal responsibility according tolaw.But there are some problems in this clause.First,the punished object is verysmall,it only punished the domestic medical institution and medical staff.The partiesalso can go to non-medical institution and non-medical staff to carry outunderground surrogate parenting technology, or directly choose to go abroad toimplement this technology.At the same time,the provisions is belonging to thedepartment rules and regulation,it has no legal effect outside the department,and also has no extra-territorial effect.Besides the legal regulations have very lower lever ofeffectiveness and it cannot unjust all the problems.As for the way of punishment,theprovisions are too broad and vague.Searching for our country’s criminal law,there isno corresponding provisions about any terms on Surrogate Parenting Technology.Soif there are some disputes,we will have no approaches to deal.So how to regulate theissues of law relationship on surrogate parenting.Looking for the related monographswhich involved in surrogate parenting and it also very few.And looking around theworld,reading the foreign surrogate parenting legislation,some country arecompleted prohibited and impose considerable penalties for serious social harmfulbehavior;Some country are prohibited commercial surrogate parenting andnon-commercial is not interference;Some prohibited commercial surrogate parentingbefore,and now is gradually approved.They are all given a legal response to theproblems caused by the surrogate parenting.In view of these facts,this paper is to judge weather the problems are needed totreat by law or not,at the same time putting forward the corresponding legislativeproposals,then we can prohibited the surrogate parenting severely in order to reducethe surrogate parenting occurred in China. |
