代孕合同之法律问题探讨

我国法律对代孕采取禁止态度,从而使日渐增多的代孕现象呈现无法可依的状态。妊娠代孕具有合法的权利基础,符合公序良俗,能稳定婚姻家庭,应承认其合法性。要从根本上解决代孕所带来的一系列法律问题,在我国未来立法中代孕合同不应只限定在无偿代孕中,还应该明确承认部分商业代孕合同的法律地位。在未来立法中,我国应对代孕合同的主体资格、基本原则、记载事项、代孕母的堕胎权、违约责任等进行全面、系统的规定。

The Legal Problems about Surrogacy Contract

The law is to prohibit surrogacy in our country.Thereby the increasing surrogate phenomenon appears no laws to abide by.The pregnancy surrogacy has the basis of legal right,which is consistent with the public order and the good custom,and is also beneficial to the stability of marriage household;therefore,it should be acknowledged in its legal status.To radically solve a series of legal problems that the surrogate has brought about,in the future legislation,the contracts about surrogacy should not be limited within that of no payment,but also clearly acknowledge the legal status about part of commercial surrogacy contract.In the future legislation,the surrogacy contract about main qualification,basic principle,record items,the pregnant women’s rights of abortion,and responsibility of breaking a contract and so on should be stipulated comprehensively and systematically.