Surrogate Phenomenon Caused By The Civil Law And Its Solution

In the high-speed development of science and technology of modern society, With the progress of the society and the innovation of science and technology, Many emerging industries and career also arises at the historic moment. Surrogacy is in today’s science and technology highly developed gradually formed, Surrogacy as a assisted reproduction technology in infertility for myriad families bring Gospel also suffering from the test of morality, ethics and law.In recent years, for the court, surrogate already is not new case. Because of a surrogate child custody battle for disputes and child visitation right disputes are common, Pregnant after all sorts of problems, moral and ethical torture and various thorny legal issues to be solved. But most lawmakers around the world for a surrogate to be cautious, a surrogate for infertility family is undoubtedly brings the light, but a surrogate produced, such as the identity of the surrogate children how to confirm, a surrogate mother is whether infringement, as well as a surrogate mother should have visitation and a series of civil legal issues, The relevant provisions of the ministry of health in China explicitly prohibited medical institutions and medical personnel surrogate surgery. But the law of the ban does not prevent the happening of the surrogate. Due to various reasons in the present society of infertility population rising sharply. Faced with a lot of market demand and criminals be driven led to underground surrogacy agency, even if the law has banned surrogate may put an end to a surrogate phenomenon, whether it’s in the network or in the surrounding environment, surrogacy agency were appeared in our field of vision and thus cause a series of civil legal problems. Although China’s ministry of health has issued a "human assisted reproductive technology management method", but just set in the measures for the administration of medical institutions and medical personnel surrogate surgery is prohibited. For a surrogate the rights and interests of the parties to protect as well as the surrogate baby identification problems such as have no related regulations. In "marriage law" and "population and family planning law" the regulation is blank in this respect, countries to ban surrogate cannot completely avoid the happening of the surrogate, only have intensified trend. In the development of surrogate on today by a surrogate triggered a series of civil legal issues we must face and attaches great importance to it. If let its development may produce serious consequences inconceivable to solve "surrogate" the legal dilemma of surrogate of legal problems. Must be accurate understanding of surrogate legal concept; Confirm the principle of the legal relation of parents and children; clear infringement of a surrogate mother is solutions and clear whether surrogate mothers have visitation.Under such strong surrogate social demand based on the surrogate technology support, surrogate intensified become a kind of have to face and face up to the social phenomenon of whatever attitude of surrogacy legislation in our country are banned or support. In surrogate in reality and trigger the civil legal problems need to be solved urgently, to solve these problems, only to maintain a surrogate of the interests of the parties to maintain social harmony and stability. For a surrogate baby’s identity, legislators should be divided according to the sort of a surrogate to take different identification methods, in terms of surrogate relationship between parties must especially pay attention to protect the interests of the surrogate mother.