宪法视角下代孕生育的合法性研究

Study on the legality of surrogacy in the perspective of constitution

代孕生育从诞生之初就饱受争议,我国通过部门规章禁止代孕生育,但是实践中代孕生育多有发生,并引发诸多矛盾纠纷。承认代孕生育的合法性实质上是赋予代孕母自由选择的权利,代孕生育是否侵犯代孕母的尊严应当由代孕母自己作出判断,代孕生育本身并不会侵犯代孕母的尊严。生育权的存在为代孕生育的合法性提供了可能性,夫妻一方不孕不育,另一方的生育权也可能难以实现。随着时代的发展,我国有必要承认代孕生育的合法性,以便更好地保障公民的生育权,保障失独家庭的合法权益,解决我国面临的人口问题。

Fertility surrogacy has been controversial since its inception.China has passed the departmental regulations prohibiting surrogacy,but in practice,there are many births and more conflicts.Recognizing the legality of surrogate birth is essentially the right to give the surrogate mother the freedom to choose.Whether the surrogacy of the surrogate mother violates the dignity of the surrogate mother should be judged by the surrogate mother.The surrogate birth itself does not infringe the dignity of the surrogate mother.The existence of reproductive rights provides the possibility of the legality of surrogacy,and at the same time,the infertility of one spouse and the reproductive rights of the other may be difficult to achieve.With the development of the times,C hina needs to recognize the legality of surrogacy,in order to better protect the reproductive rights of citizens,protect the legitimate rights and interests of families who have lost their families,and solve the population problems facing our country.