代孕的困境及法律规制

The Dilemma and Legal Regulation of Surrogacy

代孕为许多不孕夫妻带来福音的同时,也引发了一系列问题,这些问题已经超出了伦理道德的调整范围,需要法律的合理规制,通过制度规范引导代孕的良性发展。当前需要对代孕的目的、相关资格、成立要件和亲权等方面进行合理的法律厘定。

Surrogacy brings hopes for many infertile couples, but at the same time it also raises a series of problems, these problems is beyond the scope of ethics, which need to legislate to resolve. Legal regulation doesn＇ t simply ban all surrogacy, but guide it to develop rationally. In order to prevent abuse it, we should legislate spe- cifically its purpose, relevant qualifications, and the elements of establishment, parental rights and other aspects.