| With the liberalization of China’s two-child policy,people’s fertility needs have ballooned.However,under the influence of life pressure and environmental pollution brought about by the rapid development of society,people’s infertility has also increased."No filial piety has three,no afterlife is big",in China,"passing the ancestors" to the traditional family concept of the national conditions Under the influence,the demand for “surrogate” will undoubtedly increase,and there will be “surrogate” if there is demand."Secrecy" is inevitable regardless of whether it is illegal or not.The reason why "surrogate pregnancy" in China is also called "illegal surrogacy" or"substitute surrogacy" is because it violates Article 3 of the "Administrative Measures on Human Assisted Reproductive Technology"."Prohibition of buying and selling gametes,zygotes and embryos.Medical institutions and medical personnel are not allowed to implement any The provisions of the form of surrogate technology.China’s birth policy and judicial practice have completely banned "surrogate".The court generally believes that the act of surrogacy violates the public order and the custom,and the "surrogate agreement" is illegal and invalid,and the controversial ruling on the legal relationship generated by surrogacy is caused.public opinion.However,the author believes that the legal level of the "Management Measures for Human Assisted Reproductive Technology" belongs to departmental regulations,and the normative targets are medical institutions and medical personnel.So far,no laws and regulations expressly stipulate that natural persons may not implement surrogacy behaviors.Based on the principle of China and the combination of China’s national conditions,the author believes that it is feasible to transform China’s "illegal surrogacy" into "limited release of artificial surrogacy."The author draws on the surrogate system outside the domain,compares and analyzes the advantages and disadvantages of limited release of artificial surrogacy,sets the scope of application of limited artificial pregnancy,and proposes some legal suggestions for the construction of China’s limited artificial surrogacy system to standardize China’s existing ""Disruptive surrogacy" and "illegal surrogacy" behavior. |
