论“完全代孕”协议的效力及其法律规制

"完全代孕"是真正具有互助、慈善和利他性质的代孕行为。"完全代孕"协议是一种特殊的委托代理合同,是一种具有较强专属性的身份性契约。在现行法律框架内应适用合同法的有关规定,对于其中涉及亲权和抚养权转移问题的,则应当适用婚姻法的有关规定。未来立法应当通过严格限定代孕行为的主体资格,规范"完全代孕"协议的内容,规范代孕协议的订立程序,规定"完全代孕"协议的解除条件和程序等,将"完全代孕"协议纳入法律规制的范畴。

On Validity of Agreement on Complete Surrogacy and Its Legal Regulation

Complete surrogacy is a kind of surrogate behavior with characteristics of mutual assistance. charity and benefits to others. The agreement on complete surrogacy is not only a kind of special contract based on agency by agreement but also an exclusive contract based on identity. Within the current framework of law. relevant regulations in Contract Law should be applied. while relevant regulations in Marriage Law should be applied when transfer of parental right and right of parental support are involved. In the future legislation. by strictly limiting the capacity as a subject for surrogacy. we should regulate the details of the agreement on complete surrogacy, agreement - making procedure, and the dissolution conditions and procedure of the agreement. Therefore, the agreement on complete surrogacy can be regulated by law.