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Studies on Surrogacy from the Angel of Ethics and Legal Principles

Author: WangBiao
Tutor: ShiDongFeng
School: Jilin University
Course: Social Medicine and Health Management
Keywords: surrogacy Ethnics Legal Principles Exploration of issues Suggestions
CLC: R-052
Type: Master's thesis
Year: 2011
Downloads: 369
Quote: 3
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Abstract


Surrogacy, as a new assisted reproduction technique, brings hope for infertility couples and also challenges traditional ethnics and existing legal system. Presently our nation holds the attitude of completely prohibiting surrogacy. However, prohibition doesn’t mean nothing won’t happen. Some people in society do illegal activities in the name of surrogacy. Confronted with the rising of infertility rate and the increasing severity of "underground" surrogacy market, this paper aims at demonstrating the rationality and validity of surrogacy in the framework of laws and regulations, and putting forward suggestions on surrogacy legislation based on exploration of relevant issues. Legal philosophy research is used. The core of legal philosophy research is fairness and justice. emphasizing that the basic right of citizens is inviolable. Some general ethnics, legal principles and basic human rights are taken to analyze surrogacy. Some foreign laws and cases are also given comparative studies.The content mainly includes following three parts, the first part is analysis of ethnics and jurisprudence of surrogacy. It describes eastern and western traditional fertility ideas, and summarizes the ethnics’conflicts surrogacy causes, such as tooling and commercialization of uterine, derogating women dignity, breaking family structure and influencing family happiness. Based on discussion of denying the conflicts, some general ethnics principles such as "don’t hurt, do not ban" principle, Justice Principles, the principle of contract freedom are used to demonstrate the rationality of surrogacy. Based on two basic rights (reproductive right and body autonomy right), it demonstrates the legitimacy of surrogacy from rights angel. Secondary part is about the exploration of issues related to surrogacy, including surrogacy compensation; determination of parental rights of child; surrogate mother’s rights, surrogacy supervision. The third part is rethink and suggestion to our national surrogacy legislation. It is unreasonable for present laws to completely forbid surrogacy, reasons are (1)Neglecting the rights of infertility couples:(2) Prohibition doesn’t equal nothing happening, pure ban leads to useless law; (3) Don’t conform to the developing trend of world surrogacy legislation. Accordingly, suggestions on Chinese future surrogacy legislation are given, (1) determining the top line of surrogacy compensation in order to distinguish commercial surrogacy and non-commercial surrogacy; (2) "purpose doctrine" is the main method to determine the parental rights of children, with "best interests of children doctrine" complementing;(3) strictly qualifying surrogate mother and surrogacy clients; (4) introducing multiple parties’supervision mechanism into a surrogate contract.

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CLC: > Medicine, health > General theory of > The relationship between medicine and other disciplines > Medical Ethics
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