Under What Circumstances Should Surrogacy Contracts Be Enforceable
Karen (1997) proposed that contact surrogacy contracts in the social development process increasingly prominent infertility problems. The advances in biomedical technology may provide a technical solution to this problem. The impact of surrogacy on traditional family values and the impact of the law are subversive. It has changed the traditional ways of the establishment of parentage. It also raised many moral and ethical disputes that whether surrogacy should be legalized. What should the theoretical basis lie in? Legislation should be based on what mechanism to adjust the surrogate. This essay is based on the interpretation of the legality of surrogacy contracts, trying to determine the conditions of its validity and scope.
2. Description of Surrogate and Surrogacy Contract
With entering of the 21st century, social life has undergone enormous changes, biomedical technology have seen an unprecedented development. Artificial reproductive technology is an important part in the entire biomedical technology, including artificial insemination, Al, inseminations, IVF, surrogacy, and clone it four ways. As biomedical technology difficulties encountered in the 20th century, like artificial reproductive technology despite already produced, but from the date they are incurred, it is doomed to its controversial. Surrogacy as an alternative reproductive technology, the continuation of the way is not a product of modern times. As the embodiment of modern technology, surrogacy contract appears firstly in the mid-1970s. Time Magazine in 1978 firstly used surrogate mother in the mainstream media to describe another female couple for fertility (Beverly, 1987). Since then the word of surrogate mother has become known and frequently used. In the last 20 years of the 20th century, the use of a full generation of IVF, full surrogacy gradually became popular. However, by the advent of surrogacy contract, it was widely accused of religious, jurisprudence, ethics circles. Until today, surrogacy contract is still legislation explicitly prohibited in most countries.
The main features of surrogacy contracts are as followed:
①Specific of surrogacy contracts subject- Principal surrogacy contracts are infertile married couples. Entrusted parties are married women of childbearing potential. If they want the legality of surrogacy contracts management control, then it should start from the legitimacy of the body. Susan (2007) believes that as prescribed progesterone party must seek to have children only through this way. Surrogacy side must be married women.
②Particularity subject of surrogacy contracts- Surrogacy is matter, behavior, intellectual law civil law prescribed. But surrogacy provides physical benefits and migration of parental rights to the child.
③surrogacy contract is a contract involving him in the surrogacy contract, when the third party contract unborn baby. Their rights...