伦理与法律对冲下的代孕思考

Conflicts between Ethics and Law :Consideration on the Surrogacy

人类辅助生殖技术的进步使代孕成为可能,因女性子宫机能障碍而丧失生育能力的夫妇可以借别人的子宫获得与自己有遗传关系的子女,因而代孕有其社会必然性,合理的非商业化的代孕渐被多数国家接受并立法。我国禁止任何形式的代孕.但是近年来国内不少地区代孕现象屡见报端。通过对代孕现象的探讨分析。建议应从对社会和个人有利的原则出发,制定相应的伦理规范和严格的法律政策,允许代孕技术的合理应用。

Assisted reproduction technology progress makes surrogacy possible. Women who lose pregnant ability because of uterus defect can own a blood-related baby by borrowing other＇s uterus. Therefore, surrogacy has its social inevitability, Reasonable non-commercial surrogacy has been accepted by most countries. The Chinese government has made the law to ban any form of surrogacy. However, in some areas of China, this phenomenon can be seen again and again. With the growing rate of surrogacy in China, Chinese government should formulate the corresponding ethical standard and correlation legal policy for the sake of the society and individuals.