代孕合法化争议的法理辨析

Legal Analysis of The Controversy of Legalization of Surrogacy

科学技术的发达使得人工生殖技术成为可能,也使得"借腹生子"行为有了新的技术依托,催生了时下备受争议的代孕服务。对于代孕我们究竟应持何种态度?代孕合同是否具备法律意义上的正当性?代孕合法化是否具备必要性和可行性?今年两会之后,"代孕最快五年合法化"的爆炸性消息被媒体爆出,尽管这一新闻的真实性有待验证,当下研究代孕合法化问题的必要性和紧迫性却不容质疑。

The development of technology has turn the artificial reproductive technology into reality,and provided a technical basis for the traditional surrogate pregnancy,given birth to the surrogate motherhood services which has been discusse dalot.What kind of a ttitude should we hold towards surrogate mother hood services?Does the legitimacy of surrogacy contract have legal effect?Is there any necessity and feasibility of legalization of surrogacy?After the NPC & CPPCC this year,the media reported explosive news that'the legalization of surrogacy will be put forward in at most five-years',although the truth of the news needs to beverified,the necessity and urgency of there search on the question of legalization of surrogacyis beyond doubt.