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代孕技术运用的全面禁止并非科学的和现实理性的选择。立法应当在一定范围内许可代孕技术,并对代孕技术进行科学规制。立法应当禁止商业代孕行为;委托代孕者应当是不孕不育夫妻,并且妻子子宫无法孕育胎儿;对代孕者应当进行必要的条件设定;应当禁止局部代孕,并保证代孕所生子女应当和委托夫妻之间存在基因关系;承认代孕协议的效力,但是同时也应当保留国家必要情形下干预代孕行为的权力。
The full ban on the use of surrogacy technology is not a scientific and realistic rational choice. Legislation should be within a certain range of licensing surrogate technology, and surrogate technology for scientific regulation. Legislation should prohibit commercial surrogacy; commissioned surrogate should be infertile couples, and wives can not conceive their wives; on behalf of the surrogate should be made the necessary conditions; should prohibit the local surrogate, and to ensure that children born surrogate and entrusted There is a genetic relationship between husband and wife; the effectiveness of the surrogate agreement is recognized, but at the same time the power of the state to intervene in the surrogacy behavior should also be preserved.