Research On Legal Regulation Of Surrogate Pregnancy In China

Since the first test-tude baby was born smothly.It indicated that human assisted reproductive technology has started a new era,it also means that people who has fertility problems can realize their fertility demands through a new way which is different from traditional methods.Along with the emergence of human assisted reproductive technology and the birth of surrogacy,in the late 1970 s,the United States succeeded in commercializing surrogacy,but it also called out challenges to traditional fertility concepts and legal system.Especially in recent years,the rapid development of surrogacy in China,surrogacy chaos appeared rapidly,and has produced a series of social problems,which need to be solved by law.But the fact is that the legal regulation of surrogacy in our country is not perfect and the legal gap has not been filled.Based on this background,the author compiles the logical order of "what why and how" to write this paper.We put the article into six chapters,and the contents as following:The chapter?:Starting from the background of topic selection,we analyze the theoretical and practical significance of the research,expounds the current situation of domestic and foreign research,and puts into three research methods:literature analysis,comparative analysis and case analysis.The chapter?:We analyzed the definition and kinds of surrogacy.We defined surrogacy in detail and elaborated on its core characteristics.We analyzed the differences among surrogacy,"test-tube baby" and "birth by abdomen".It classifies surrogacy according to the criteria of whether to provide eggs at the same time,the source of germ cells and the way of surrogacy entrustment.The chapter ?:It shows the status of surrogate pregnancy in our country from the three aspects of our country surrogate demand group status and our surrogate industry status and the specific harm caused by surrogacy.The chapter ?:We made a jurisprudential analysis of the legal regulation of surrogacy in China,stated the necessity of legal regulation of surrogacy in China,and then put forward the viewpoint that surrogacy should be restricted and legitimate in China,and expounds the specific reasons.Based on the regional division,we explored the current situation of surrogacy legal regulation in China from the perspective of the current situation of surrogacy legal regulation in mainland,Hong Kong and Taiwan,and made a brief comment on it.The chapter ? :We got inspiration of surrogate legislation as soon as possible through investigating the legal regulation of surrogacy in foreign countries,and the analysis of the legal regulation of surrogacy in the United Kingdom,the United States and Thailand.The chapter ?:We put forward some suggestions for the legal regulation of surrogacy in China through 3 aspects of legislation,judicature and supervision.In the aspect of legislation,we put forward specific legislative suggestions on legal regulation from six aspects:prohibiting commercial surrogacy,identifing legal surrogacy types,limiting the open object of surrogacy,defining the subject qualification conditions of surrogacy,determining the validity and content of surrogate contracts and identifying the relationship between surrogate parents and children.In judicial aspects we mainly put forward suggestions from 2 aspects which are from the standardization of the judicial process,unified standards of judicialadjudication.In terms of supervision,we put forward suggestions from two aspects:setting up surrogate supervisory authority and encouraging social forces to participate in supervision.