Research On The Legal Systems Of Surrogate

With the development of medical technology, changes in the environment and increasingpressure on people’s work, Surrogacy, this new way of human fertility, has been graduallyapplied to people’s real life. Surrogacy brings good news to Infertility couples, but at the sametime, Surrogacy breaks the way of traditional reproductions and has a sharper crash totraditional morality and legal system. China’s laws do not have too many regulations aboutSurrogacy, only have "human assisted reproductive technology management approach”, it wasissued in2001. This law clearly states that any medical institutions and medical personnel arenot able to carry out any surrogate surgery. Though the couple infertility surgery performedsurrogate inevitable cause some controversy, we can not avoid this problem, such simple lawsin the present situation also reflects its lag. Because the law from the community and serviceto the community, so we should take seriously the surrogate phenomenon and thus rationallyanalyze it, and we have to use legal means to regulate surrogate phenomenon on thecommunity impact of ethics, and thus the best effect ion surrogate can makes.The introduction, on the one hand, makes the reader have perceptual awareness aboutsurrogate disputes, on the other hand, through the analysis describes the purpose andsignificance of this writing.This article has four parts.The first part describes the general theory of surrogacy. According to the analysis, wecan divide surrogate into two categories. By the analysis of this section, we can clearly see thedifference between the surrogate and the "belly twins".The second part analyzes the legality of surrogacy. This paper first describes thelegislative approach and attitude legislation on surrogacy rest of the world in our country.Secondly, it analyzes the theoretical basis of the surrogate system.The third part describes the legal relationship between surrogacy. The first aspectdescribed the main qualifications surrogate parties, through the qualification analysissurrogate parties, we can conclude that there are many conditions for principal couples if theywant to be a surrogate. The second aspect describes the rights and obligations of the party’ssurrogate.The fourth part describes the concept of the establishment of China’s legal system. This part consist of the basic design principles and basic surrogacy legal system of our country’slegal system components.