从子宫工具化的视角对国外代孕生育的研究

A Research About Foreign Surrogate Reproduction from the Perspective of Womb's Tool

代孕技术自20世纪后半叶产生以来就备受争议,它已经打开了道德与法律争论的"潘多拉魔盒",这一新的生育形式引起代孕母亲子宫工具化的争论。实际上,代孕母亲子宫工具化的争论其本质在于代孕母亲是否享有身体自主权。在反驳受术夫妻促使代孕母亲子宫工具化的基础上,基于汤姆·比彻姆和詹姆士·邱卓思的"自主"理论以及"身体权"理论,尝试论证了代孕不仅没有促使代孕母亲子宫工具化,反而是其身体自主权的体现。因此,代孕作为目前一种解决女性不孕的有效手段,其临床应用具有一定的伦理正当性与道德合理性。

Surrogacy technology has been controversial since the second half of the 20th century, and it has opened up the ＂Pandora＇s Box＂ of controversies about morality and law, and this new form of fertility has led to controversies whether to promote the womb＇s tool of surrogate mother. In fact, for whether surrogacy promotes the womb＇s tool of surrogate mother, this argument addresses the question as to whether the surrogate mother has the right of physical autonomy. On the basis of rebuttal that the infertile couples promote the womb＇s tool of surrogate mother, based on autonomous theory of Tom L. Beaucharnp and James F. Childress as well as theory of physical rights, the author tries to demonstrate that the surrogacy does not promote the tool of surrogate mother, but it is an embodiment of the right of physical autonomy. Therefore, surrogacy is an effective method to solve the female infertility, and its clinical application has certain ethical justification and moral rationality.