摘要
代孕在帮助不孕夫妻实现生育夙愿的同时,对传统伦理道德观念造成巨大冲击,引发诸多法律问题,其合法性一直饱受争议。我国禁止实施代孕,韩国学界通说否认代孕的效力。然而面临社会中大量潜在的代孕需求和已经存在的代孕问题,简单的强制性禁止不仅不能解决代孕产生的危机和负面影响,反而可能加大无序化的不良后果和法律上无法可依的尴尬,代孕立法的必要性和紧迫性日益突出。近年来,韩国学界针对代孕客观存在的现象,围绕代孕法律问题展开较为深入的研究探讨,许多观点和见解对同样面临代孕立法空白的我国,不乏启示意义。通过对韩国代孕法律问题的研究,提出限制开放代孕的立法主张,以有效应对现实生活中的代孕纠纷,维护代孕儿童权利和当事人的合法权益。
Although surrogacy helps infertile couple realize dreams of having their own baby, the legality of surrogacy is always a controversial issue for it not only breaks down traditional ethics and values, but also brings many legal problems. Surrogacy is pro- hibited in China. According to Korean leading theories, surrogacy contract has no legal effect. However, faced with potential needs of surrogacy, the risk and negative side which surrogacy has brought to us cannot be solved simply by prohibition. The legalization of surrogacy seems necessary and urgent as it might result in more adverse consequence without any legal regulations. The legal problem of surrogacy has been thoroughly researched and discussed by Korean scholars in recent years and many opinions have enlightening significance to us. By studying on the legal problems of Korean surrogacy, it is suggested that surrogacy should be allowed with limitation in order to efficiently resolve dispute and protect the rights of children and all parties in surrogacy contract.
出处
《北方论丛》
2018年第1期131-136,共6页
The Northern Forum
关键词
代孕
代孕协议
立法
权利保障
surrogacy
surrogacy contract
legalization
rights protection
