Research on the Legal Regulation of ＂Surrogacy＂

Yaxin Sun

《World Scientific Research Journal》 7卷12期 (2021/12) Pp. 395-406

https://doi.org/10.6911/WSRJ.202112_7(12).0055

摘要

It is well known that surrogacy exists for decades throughout the entire world. According to statistics from the relevant organization in our country, nowadays, there are more than 40 million people with infertility in China with the increasing rate of 100,000 people per year. Hence, there is no doubt to say that the existence of surrogacy means huge for those infertile couples. At present, The law of China has an absolute negative attitude towards the existence of surrogacy. It is worth mentioning that China's relevant legislation is blank in how to resolve surrogacy disputes. Such legislation that mainly exist in the departmental regulations of the Ministry of Health and these laws do not involve principals such as entrusted couples, surrogate mothers and intermediaries will inevitably can not solve the various conflicts and contradictions brought about by surrogacy. In response to these problems, China should abandon its position of absolutely denying surrogacy. Affirming the rationality of the existence of surrogacy, taking the path of limited openness, Limiting the qualifications of surrogate subjects and Setting up a surrogate regulatory agency. At the same time, we must regulate the surrogacy agreement, and build a comprehensive surrogate legal regulation in many aspects. We should always remember that following the trend of the development of the times is the right way.

關鍵字

Surrogacy ； Surrogacy ； Regulation ； Limited Legalization

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