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Study on Legal Issues of Surrogacy

Author: WuYan
Tutor: QiHaiBin
School: Huazhong University of Science and Technology
Course: Legal
Keywords: Surrogacy Surrogate contract Parental authority relations Conditional surrogacy
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 60
Quote: 0
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Abstract


Along with ART’s development, the birth industry about the baby overseas already became tens of billions US dollar industries, but this industry while served for the humanity in aspects and so on morals, law and medicine has actually caused the furious disputes. As one of the ARTs, surrogacy is similarly also faced with contradictions. Surrogacy technology has brought solutions for sterile couple and the persons unwilling to give birth by themselves, on the other hand it issues the challenges to the social ethics, the traditional ideas and legal system. The related investigation demonstrates that as a result of the bad modern life style, the huge work pressure and the serious environment pollution and so on, the proportion of sterile couple in China has reached 12.5%~15%. The demand to own the baby by surrogacy is increasing unceasingly, meanwhile a lot of surrogate websites are witnessed. Internationally there are two kinds of entirely different legislative patterns about surrogacy, and the existing law does not approve surrogacy in China. As the demand for surrogacy is zooming currently, it is necessary and inevitable to make laws to regulate surrogacy.The article elaborates the legislative tendency on conditional surrogacy in theory and practice, and analyzes legal issues such as surrogate contract, parental authority relations, procreative right and body right, etc. Based on present status quo in China and the experience of other countries for reference, parental authority relations, the suggestions are given to regulate surrogacy in order to protect and balance surrogate mother, sterile couple as well as other subjects concerned. Ultimate aim is use science and technology reasonably to serve society.

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