Study On The Focal Issues Of Surrogacy

Surrogacy, from the literal meaning that others instead of becoming pregnant. Infertility is plagued by personal happiness, a significant problem affecting family harmony and stability. The artificial assisted reproductive technology and the development of the gospel for infertile patients. There is, however, quite a few cannot have a baby of their own family, because his wife could not be pregnant or had not suitable for pregnant fertility disorders caused by not having children, so as assisted reproductive technology extension, surrogate technology arises at the historic moment, and rapid development, the formation of a global phenomenon, and caused extensive discussion.Since China is a country with a large population, high base and high growth rate provides a demographic dividend support over the past 30 years of rapid economic growth. But after 2000, China began to enter the aging society and the population of low growth period. In the past ten years, Chinese while maintaining rapid economic growth, environmental pollution and ecological destruction is on the rise. The infertile population continues to expand the scale of a serious imbalance in supply and demand for child rearing, the surrogate and adoption non traditional way to set up the family, is one of the most important selection in these populations. Assisted reproductive technology while to infertile people to bring the gospel, but also crash against the traditional moral concept, the existing legal system also caused a huge impact. At present our country without a specialized legislation norms for the artificial assisted reproductive technology, in this context, the author thinks that legal thinking is necessary on the behavior of surrogacy, and combined with the actual situation to propose the opinion. In addition to the introduction, this paper is divided into three parts.Firstly Luo Ronggeng in Shanghai, Xie v. Juanru Chen Ying custody, maintenance in one case, for example, by the judgment of the cited the results of a case the focus of controversy, and further extended and analysis and to solve these problems proposed own suggestion.Secondly, according to the focus of controversy in this case, this paper discusses the cognizance of the surrogate behavior legalization, surrogacy agreement potency and surrogate situations of parent-child relationship, and the existence of the decision problem to beanalyzed. Foreign legislative provisions about the surrogacy problem, mainly divided into prohibition and recognition of surrogate of the legitimacy of the attitude of the two, the author thinks that limited open the surrogate is that legality of surrogate behaviors is more suitable for our country and recognize surrogacy legal ensuring performance of infertile couples of reproductive rights, but also more conducive to family stability and social harmony. Surrogacy agreement is the surrogate can proceed smoothly and achieve the purpose of a foundation, the author contrasts and analysis of the extraterritorial the legislation on surrogacy contract, comparative analysis the restrictive provisions on surrogacy agreement subject qualification, based on the analysis of the judgment of the case and to the legislation of our country draw lessons from a meaning. Surrogate parentage identification, outside the main adoption mode, contract mode and the legal model for the three, the author in a simple analysis of the judgment of the case that in our country the existing legal system and the public accept of speaking, adoption model has more advantages.Finally, based on the existing problems of the judgment, the paper further analyzes the perfection of relevant legislation in China. Focus on how to recognize the sign of surrogacy legalization and standardization of the surrogacy agreement how conditional and its contents and how to determine the identification of surrogate case parent-child relationship. Our country should have the condition to recognize surrogacy. This is not only respect the right of surrogate mother body, also but also protect the right of infertile couples, or the maximum protection of the interests of children; surrogacy agreement should focus on writing Ming Dynasty pregnant mother and the principal obligation and liability for breach of contract; surrogate child’s paternity identification rules should adhere to the principle of the best interests of the child, commissioned by the direction of the court proposed action for confirmation of the children born in wedlock.