我国代孕的合法化及其边界研究

Research on China's Legalization of Surrogacy and Its Boundary

代孕的出现带来了许多奇特的伦理、法律问题。我国通过部门规章完全禁止代孕的规范模式并没有发挥预期效果。综观域外代孕立法例,有限承认其合法性是大势所趋。代孕有正当的权利基础,我国社会公众的态度也较宽容,亲子关系的不确定也可通过法律技术设计予以解决。面对日益广泛的代孕需求,我国应尽快在法律层面承认代孕的合法性,并结合社会伦理对其合法化边界予以确定,设计出更为严谨、细密的规则体系,以保障公民的基本权利。

Surrogacy brings us lots of moral and legal problems. China~ Government absolutely prohibits surrogacy by some department rules. But, this kind of mode does not attain the results expected. Throughout the legislation of surrogacy in the world,limited recognition on the issue legalization of surrogacy is represent the general trend,surrogacy not only has legitimate rights foundation, but also our society is relatively tolerance about it. The uncertainty parenthood caused by surrogacy can b~, asl, handled probably by techniques of law. Facing to the increasing demand of surrogacy, China should admit the legal status of surrogacy and confirm the restriction of legislation with social ethics, and the sane time,China should set well-defined rules, coordinate the relationship between the fundamental rights of citizens and social ethics extremely.