Study On Rights Protection In Surrogacy Agreement

As a kind of assisted reproductive technology(ART),surrogacy is also the last medical method for the infertile people,who can not fertilize even with all conventional ARTs,to have a child with blood relationship.lt has not been recognized by Chinese law,and the only regulations on it are formulated by the former Ministry of Health,in which medical institutions and medical personnel shall not implement surrogacy technology.The absence of high-level law norms leads surrogacy to the gray zone of law,which is not conducive to effective control of the surrogacy technology,or to protection of the parties of surrogacy agreement,especially the rights of pregnant woman who are more vulnerable.The surrogacy agreement is often confused with the act of surrogacy,but in fact the former contains the latter logically-surrogacy agreement combines the pregnancy behavior of the surrogacy technology and the transfer of the custody of the child after childbirth.This article will discuss the lawfulness of the surrogacy agreement from a perspective of the civil law,administrative law and constitutional law to clarify the right of the pregnant woman to sign the surrogacy agreement.Based on the previous conclusion,the parental rights and other rights of the pregnant woman will be studied.When there is no special law resolving the disputes caused by the surrogacy agreement,we suggest that firstly,we should apply the provisions within the framework of the current legal system;secondly,if the direct application of the law is not possible,the relevant provisions should be applied within reasonable interpretation;lastly,when the surrogacy agreement can not be reasonably regulated,China should speed up the legislation in relevant fields to control the surrogacy matters effectively and protect the related persons' rights in surrogacy agreement.