Skip to main content
 Home > Surrogacy Questions >

Legal Research on "surrogacy"

2022-07-23 11:22 browse:

Legal Research on "surrogacy" &ensp& ensp;& ensp; Issue 2 in 2019 &ensp& ensp;& ensp;& ensp;& ensp;& ensp; Zhang Ai &ensp& ensp;& ensp;& ensp;& ensp;& ensp; [Abstract   important]   The complex and diverse problems in modern society have led to a sharp increase in the number of infertile people in the world, and the infertility rate has risen rapidly

A solution to the problem of infertility has emerged as a means of human assisted reproduction, that is, surrogacy is a kind of behavior that couples cannot conceive naturally for various reasons, so they borrow another woman's egg or uterus or bear for themselves

However, the ethical and legal problems arising from it have also emerged& ensp;& ensp;& ensp;& ensp;& ensp;& ensp; [keyword]   "Surrogate"   Law   Research &ensp& ensp;& ensp;& ensp;& ensp;& ensp; Some scholars believe that surrogacy violates the principle of public order and good customs

Of course, scholars who hold this view insist that the contract of "surrogate mother" who carries out pregnancy on behalf of others should belong to the type of harmful family behavior relationship in the violation of public order and good customs

According to the mandatory law character of the principle of public order and good customs, the legal act is invalid

However, the significance of public order and good customs lies in the emphasis on public order and good customs

Surrogacy is not cloning and will not involve a series of issues such as ethics

On the contrary, as long as the act of surrogacy is based on the legal surrogacy contract, it can also save the marriage that is about to die due to the lack of children, which will play a great role in social stability& ensp;& ensp;& ensp;& ensp;& ensp;& ensp; As early as in the ancient Chinese system of "concubinage", the children born by concubinage had to call their husband's wife their legitimate mother, but this system of concubinage is still very different from today's surrogate system

According to the records of relevant materials, China's earlier record of "surrogacy" was in the northern and Southern Dynasties

At that time, surrogacy was called "pledge wife", which means that the man gave birth to a child by means of an abdomen

The man rented a married woman as a temporary couple

After the woman became pregnant and gave birth, the child belonged to the man

The man paid money to the woman

This is China's earlier "surrogacy"& ensp;& ensp;& ensp;& ensp;& ensp;& ensp; The coexistence of various surrogacy models shows the sociality and complexity of surrogacy

Countries with different cultures have different attitudes and different degrees of acceptance towards surrogacy

They will make appropriate choices according to their own national conditions, and should not blindly follow the so-called freedom and order& ensp;& ensp;& ensp;& ensp;& ensp;& ensp; The completely prohibited types mainly include Germany, Germany, Sweden, Thailand, Singapore, etc& ensp;& ensp;& ensp;& ensp;& ensp;& ensp; The main domestic type of private law autonomy is the United States, which stipulates that the amount and method of payment of remuneration shall be negotiated by the parties concerned& ensp;& ensp;& ensp;& ensp;& ensp;& ensp; The major domestic and regional government controlled enterprises are the United Kingdom and Hong Kong& ensp;& ensp;& ensp;& ensp;& ensp;& ensp; At present, according to the department regulations that have been issued in China, it can be seen that the legal regulation of surrogacy in China is completely prohibited in legislation, but the legislative provisions of surrogacy are only reflected in the department regulations

As a manifestation of citizens' exercise of reproductive rights, surrogacy is still worth discussing

Abandoning the complete prohibition mode does not mean that we should choose the private law autonomy mode, because China has the obligation to protect human dignity in surrogacy

It is not in conformity with the requirements of the constitution that China slackens in fulfilling its obligations

It can be seen that the choice of surrogacy regulation mode is only government regulation

Moreover, the government should completely prohibit commercial surrogacy, but the client can pay remuneration for reasonable expenses (diet, medical treatment, nutrition, nursing, accommodation, transportation, etc

) incurred in the surrogacy process

On the premise that the infertile have exhausted other methods, the use of artificial assisted reproduction technology to obtain surrogate children should be subject to domestic restrictive permission

China's legislation adopts the attitude of outright prohibition, which can neither play its due binding role nor prevent the occurrence of civil surrogacy

Therefore, the author believes that under the compliance with certain laws, the legalization of surrogacy should be an inevitable trend& ensp;& ensp;& ensp;& ensp;& ensp;& ensp; At present, the proportion of couples with birth disorders in China is about 10 % - 15%。 The inability to bear offspring for various reasons has brought pain and shadow to these families, and some even affected the stability of families

They urgently need science and technology to bring them   Fertility happiness

There are different views on surrogacy in society

Supporters believe that "surrogacy" solves the problem of