“代孕辅助生殖”作为一项权利的伦理论证

Ethical Argument on the Right of Assisted Reproduction by Surrogate

在江苏宜兴市,一对年轻"双独"夫妻车祸身亡后,如何处置通过试管婴儿技术留下的四枚冷冻胚胎,引起诉讼。二审法院判决"双独"夫妻的父母——四位"失独"老人获得了四枚冷冻胚胎的处置权。这进一步引发是否应该赋予他们通过代孕辅助生殖的权利?生育权是一种人权和人格权,其伦理基础是:生育权是一种自然权利,我国传统生育文化对此有着丰富的阐释。基于生育是一种权利,辅助生殖也是一种权利的逻辑,代孕辅助生殖也应该是一种权利。因此,有关部门应该修改人类辅助生殖技术的有关规定,允许代孕辅助生殖。应该赋予四位"失独"老人通过代孕"延续香火"的权利。

In Yixing city of Jiangsu Province, there is a traffic accident in which a young couple, both the single child of their families, died. Before the accident, the young couples have four frozen embryos by the operation of in-vitro fertilization in the hospital. The court of second instance makes a decision that their parents have the rights to deal with the four frozen embryos. However, do they have the rights of assisted reproduction by surrogate？ The right of reproduction is the human right and the personality right. The ethical foundation of the reproductive rights is that it is the nature right which is interpreted by our traditional reproductive culture. The reproduction is a right, and the assisted reproduction is also a right. So the assisted reproduction＇by surrogate is a right too. Therefore, the National Health and Family Planning Commission of China should revise the regulations of the assisted reproductive technology. The surrogate should be allowed. We should give the parents of the dead couple the rights of continuation of incense by surrogate.