Abstract
Human assisted reproductive technology is a double-edged sword, in benefit mankind while, also affected by the moral, legal and ethical challenges. As one kind of artificial reproductive technology, surrogacy arrangements help infertility couples to have babies; it also brings great impact on social and ethical order because of the huge difference of reproduction. The lucubration of surrogacy arrangements have practical significance: facing the disorder yet increasing demands of surrogacy market. Surrogate is a way of human assisted reproduction, refers to the infertile wife borrowing another woman’s uterine for pregnancy. The academia holds distinct viewpoints of surrogacy, different countries also have different attitudes towards surrogacy. In general, the Anglo-American jurisdictions tend to have positive attitude, while the Civil Law jurisdictions tend to have negative attitude, such as China. As the economy developed、the technology progressed and new ideas changed, the phenomenon of supply and demand in surrogate is prosperous. Through all sorts of networking, a few illegal surrogate institutes make all kinds of surrogate ads and price released in websites, people are provided with information about access to surrogate. Surrogate institutes are also able to obtain illegal profits, law enforcement agencies are even aware of these illegal facts, but due to lack of legal measures, these problems cannot get efficient solution. The absence and prohibition of legislation cannot curb this phenomenon nor protect parties involved, especially not favorable for the legal rights of women. The indifference of the country to the issue of surrogacy makes the social problems worse and has formed a vicious circle through development. The solving of this problem requires the continuous improvement of China’s legal system. It is high time to use legal means to regulate surrogacy. This article is based on China's national conditions, makes clear the defects of the surrogacy legislation and analyzes the law and the necessity of regulating surrogacy. Construct the complete legal system of surrogacy through the study of foreign law on surrogacy and drawing on the experiences of other countries, and promote the rational use of assisted reproductive technologies. Law makers in China should cautiously open full surrogacy, making it legitimate under conditions, in order to realize the effective control and using of surrogacy reasonably.