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Uterus rental: Regulating surrogacy in China
1School of Law, City University of Hong Kong, Kowloon, Hong Kong S.A.R., China.
The Medico-Legal Journal
|February 14, 2022
Summary
China strictly prohibits surrogacy, yet illegal surrogacy persists due to regulatory loopholes and weak enforcement. This study examines China
Area of Science:
- Reproductive Law
- Bioethics
- Public Policy
Background:
- Surrogacy technology offers reproductive solutions for families facing infertility.
- China maintains a strict prohibition on all forms of surrogacy.
- Despite legal restrictions, illegal surrogacy remains prevalent in China.
Purpose of the Study:
- To investigate the issue of illegal surrogacy in China.
- To re-examine the current regulatory framework governing surrogacy in China.
- To propose necessary changes to address legal challenges in surrogacy.
Main Methods:
- Analysis of existing surrogacy legislation in China.
- Examination of the supervision and enforcement mechanisms for surrogacy regulations.
- Review of legal loopholes and their implications.
Main Results:
- Current surrogacy regulations in China contain legal loopholes.
- Lack of clearly defined legal consequences for regulatory breaches.
- Absence of a mature supervision and implementation hierarchy for surrogacy.
Conclusions:
- The existing monitoring system for surrogacy is insufficient.
- Prevention mechanisms and deterrence effects are inadequate.
- Urgent legislative and supervisory reforms are needed to manage illegal surrogacy.
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