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Subject: The Compound Arguments Regarding Illicit Surrogacy——Focus on the Chronological Three-step Discussion
Author: Wu Caiyu
Keyword: surrogacy, contractization, negotiation ethics
Newspapers published: Journal of China Women's University
Issue No. original: No.3, 2013
In the course of academic discussion about surrogacy,there is avoidance of the theological traditionalism and emotional characterization in the areas of scholars and social media.By employing the desentimentalization,contractization and ethical way of thinking,the contractizational phenomenon of surrogacy that relies on the model of commission contract can thereby come to a conclusion by observing the dimensions of law and economics,jurisprudence,feminism and negotiation ethical theory.The theory ensures that the principle of maximizing the interests of the children in family law applies to surrogacy.Deficiencies in legislation techniques and a declining birthrate have contributed to the perception of surrogacy as an illegal act.Combining the principle of maximizing the interests of children with either legislation techniques or ethical considerations will yield enough evidence to support an illicit surrogacy.
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