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。 By the rapid development of the phenomenon of abortion, many legal issues have been derived. In fact, from a legal point of view, the contract of abdomen does not violate the principle of public order and good morals and does not constitute the sale or purchase of babies. It is exactly the embodiment of surrogate mother’s exercise of the right to exercise the right to reproductive rights and the baby can be regarded as the legitimate marriage of the couple child. From the perspective of the mainstream of world legislation, the laws of our country should not be totally banned from this. Instead, we should adopt an appropriate attitude of opening up and allow non-commercial surrogacy to exist.