解读“借腹生子”中的有关法律问题

借腹生子现象的迅速发展,衍生了不少法律问题。其实,从法理的角度看,借腹合同并没有违反公序良俗原则,也不构成买卖婴儿;它恰恰是代孕母行使身体权、委托夫妇行使生育权的体现,婴儿完全可以视为委托夫妇的婚生子女。从世界立法主流看,我国法律对此不应该全面禁止,而应采取适当放开的态度,允许非商业性质的代孕存在。

Research on the Legal Problems concerning Agency of Pregnancy

Agency of pregnancy appears rapidly in nowadays society and brings about more and more juristic problems.From the juristic point of view,it does not violate the principle of public orders and favorable customs.At the same time,it does not commit the crime of selling babies.It just represents the rights of the pregnant women who want to lend their bodies and the rights of the consigning parents who want to have children.The children,of course,can be regarded as the consigning parents' married offspring.From the juristic mainstream in the world,this phenomenon should not be totally forbidden in the law system of our country.We should have a relatively more opening attitude and permit the existence of this phenomenon that is non-business behavior.