Study On The Legalization Of Surrogacy And Legal Regulation

The late 1970 s, the first test-tube baby was born in British. In China,Guangdong,early 2000 s wealthy have been gave birth to octuplets by way of surrogate, "Surrogate" as a new way of artificial insemination sparked intense debate in our country. Subsequently, the first cases about inheritance of frozen embryos has entered the judicial process on May 15, 2014 in Yixing, Jiangsu. The case involved four elderly who lost the only,although won the lawsuit,but because of surrogate can not be allowed in the law, the above cases and related disputes led to the author’s thinking. As a new human assisted reproductive technology, although surrogacy bring good news for infertile couples, but a dramatic impact on the traditional way of fertility is evoked, and bring ethical and legal embarrassment. Attitude about surrogacy in every country is different,include there kinds. The law about this question is blank in our country. "human assisted reproductive technology management approach" and the "human sperm bank management approach" are the only rule of surrogate which issued in 2001.These two regulations made the prohibition only on medical institutions and medical staff, It requires them not to implement any form of surrogate technology.The use of surrogate technology does bring controversy on theory and practice inevitably, but we can not evade the issue, because it makes no difference to the matter.Because of hysteresis characteristics of law, we need to analyze issues related surrogacy calmly and take legal means to guide them to produce the greatest benefits for the parties who want to have their own child.Thus, China should make a law let the surrogacy keep legal. In the context of analyzing various countries and regions concerning surrogacy legislation,our country should combined with specific conditions,establish appropriate mechanisms to prevent surrogacy to be abused and open the surrogate technology moderately so that thebearing right of the lost only old people and the people who have the disease can not have children can get real protection,then making a clear regulation to govern the qualifications of both parties,legal rights,obligations and recognized principles,and thus use and control gestational surrogacy rationally and effectively.