Research of Surrogacy Legal System
|School||North China University of|
|Course||Civil and Commercial Law|
|Keywords||surrogacy surrogate contract surrogate system|
Introduction:Surrogate technology has changed the traditional means of pregnancy and challenged against both the traditional idea and legal systems on pregnancy. Therefore, it had encountered restriction to different extent in civil law countries or even been totally prohibited, but countries of Anglo-American law system showed a more tolerant attitude, and promulgated law to regulate legal relation of the surrogacy involved.PartⅠ:Defined The basic properties of the surrogacy, surrogate technology through the use of artificial reproductive technology have gave the couple who can not give birth to a child or will have a risk a choice to have a child. Through surrogate type of medical technology-full surrogacy, partial surrogacy, surrogacy embryo donation, surrogacy egg donation, surrogacy sperm donation-a comparative analysis to establish non-commercial surrogacy position, ultimately defined the concept of surrogacy which discussed in this paper.PartⅡ:Mainly analyze the basic theory of surrogacy, through the analysis of these theories involved in three aspects:self-determination right of the reproductive couple, control body right of surrogate mothers, equal right of the subject related, we believe that the law should be to protect the basic rights of surrogate subject as the base, with a more rational attitude to treat surrogacy, to establish legal status of surrogacy.PartⅢ:The part in recognition of the legality of surrogacy as a precondition, according to our country’s existing legal system, we design a surrogate system which includes three aspects:surrogacy of the basic principles, the scope of surrogate subject, management system construction and operation procedures. Among them, the scope of surrogate subject strictly limited Surgery couples, surrogate mother, gametophyte donors and implementation of surrogate medical institutions subject qualification, to prevent the abuse of surrogate reproductive technologies; the part of management system construction and operation procedures describe the surrogate country management organization setup, clear the jurisdiction and division between each management institution, regulate the surrogate technical implement specific procedures, guarantee surrogacy can operate regularly and orderly in legal regulations.PartⅣ:In this part of the basis of surrogate system, we analyze surrogate contract including three aspects:the definition basic properties of surrogate contract, the subject and object of surrogate contract, the legal effect of surrogate contract. Among them, a surrogate contract should on the basis of the will of the parties, strictly abide by the laws of the mandatory provisions, we defined the principle of surrogacy terms, the other matters can be confirmed according to the parties agree.PartⅤ:In this part of the basis of surrogate system, studies the surrogacy of the legal relationship between subjects, including the following aspects:the parent-child relations in the surrogacy, the legal relation between surrogate mother and surrogate children, the legal relationships between donors and surrogate children, medical contract relationship between the surrogate birth subject, the privacy and the right to know. Epilogue:We should be legal and rational attitude towards the implementation of the surrogate parties and surrogate children, should admit the legitimacy of surrogacy, should be through the legal provisions of the surrogate to regulate reproductive behavior, should try to solve rather than evading the problems caused by surrogacy, protect the legitimate rights and interests of the surrogate parties, building a more rational and more accord with justice of civil society.