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Study on the Legalization of Surrogacy

Author: ZuoYanJun
Tutor: WuXiaoYing
School: Guangxi University
Course: Civil and Commercial Law
Keywords: Surrogacy Surrogacy agreements Parent-child relationship The legalization of surrogate
CLC: D923
Type: Master's thesis
Year: 2008
Downloads: 871
Quote: 6
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Abstract


Surrogacy break the traditional fertility , but also caused a strong impact on the traditional ethics and current legal system . Open surrogate or prohibit surrogacy , theorists of awareness of different national legislation to make a different choice . China 's Ministry of Health in human assisted reproductive technology was introduced in 2001 , prohibited any form of surrogate . Due to the potential demand of social surrogacy Surrogacy despite being banned , the dispute continued . How to surrogacy legal regulation , to be placed in front of legal researchers a realistic and complex problems . In this paper, think , China should learn mature practices in the countries concerned , conditionally moderately open on behalf of pregnant in order to achieve some of the infertility is not sterile couple continuation of the aspirations of future generations ; and the development of specialized artificial reproductive bill surrogate children legal status and on behalf of pregnant agreement , etc. related issues make provisions , in order to achieve effective regulation of the legalization of surrogate . The article is divided into four parts. The first part introduces and explains some of the countries and regions of the surrogate legislation and its Implications for China . The second part while refute theorists ban surrogate reason , elaborated on China should moderately open surrogate reason and type . The third part for the determination of the children born to a surrogate parent-child relationship , proposed legislation to expand the observations of the various theories on the basis of clearly defined by the surgeon couple of surrogate children legal parents . The fourth part of the legal regulation of surrogacy agreements , by surgery couple and the surrogate mother of the main qualifications , rights and obligations , and breach of surrogacy agreements liability to make specific recommendations to ensure the reasonable control and use of surrogate .

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CLC: > Political, legal > Legal > Chinese law > China and France
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