Legal Issues Surrogacy

With the progress of civilization and the improvement of medical technology, fertilityproblem is no longer a social disease. Significant achievements have been madeincreasingly by human in the field of reproductive technology, meanwhile, surrogatephenomenon also arises at the moment. As a kind of artificial assisted reproductivetechnology, since it produced, surrogate is widely controversial in society. On the one hand,the surrogate has brought the gospel and satisfied the children’s desire to the family whohas fertility difficult. On the other hand, the surrogate is the subversion of the naturalreproductive mode, it is bound to cause great impact on social ethics and traditional legalsystem. It has become a social problem for the whole world that how to foster strengthsand circumvent weaknesses, draw on the advantages and avoid disadvantages forsurrogacy.Surrogate phenomenon produced new social relations that law can not be avoided,and the legislation made by the world to deal with it. Through the comparison, it can befound that a surrogate legislative idea in most developed countries and regions, basicallycan be summarized as the transition from open to prohibit surrogacy. At present, surrogacylegislation in our country is still in a serious lack of state, however, the existence of thefolk surrogacy and the underground surrogate agency forces the legislation in China shouldbe limited to open the surrogate and perfect the relevant legal system of surrogacy. In thisthesis, the aim is, by comparing with other countries’ surrogacy legislation presentsituation, combining with China’s specific national conditions and specific legal problemsof surrogacy, to analyze the feasibility of limited open surrogate from the theoretical andpractical perspective, to advise that China’s Law admits the legality of surrogacy contract,to protect the generation of pregnant surrogate and surrogate parties informed right ofprivacy, and to set up specialized management institutions to manage the surrogate. All inall, the paper’s purpose is on the basis of international trend of surrogate legalization and toput forward conception of regulation of surrogacy legislation in our country.