代孕行为之民法思考

Civil Thinking over the Behavior of Pregnant for Others

代孕技术作为现代科技发展的成果,为不孕夫妇带来了福音,同时也给社会伦理道德和法律制度带来了冲击。不孕夫妇的生育权和代理母亲的身体权为代孕行为提供了合法性基础,代孕协议使代孕行为权利义务关系更加确定。法律不应对代孕行为一味禁止,而应当面对问题合理规制,发挥其公益性初衷,遏制其危害性。

As a modren technological achievement, pregnant for others has brought the gospel for the sterile husbands and wives, and simultaneously also given strong influence to the social ethics morals and the legal regime. The sterile husband＇s and wife＇s child-bearing right and the agent mother＇s physical right provide the valid foundation for the behavior, which makes its rights and obligations relations more definite.The law should not forbid it constantly, but must give it reasonable rules and regulations, display its public welfare intention, and reduce its harmfulness.