泰国代孕法问题研究
发布时间：2019-06-04 17:06
【摘要】：之前,由于科学创新技术的不足,所以收养孩子是解决不孕不育的最好方式。后来因为社会及科学技术不断发展使人类发现了治疗不孕不育症的方法------代孕,作为不孕不育者的新期望,但也冲破了道德,法律,社会治安政策及其理论。如今不少国家支持代孕并颁布了专门的代孕法,以便代孕纠纷发生的时候可以按照代孕法处理问题,但也有一些国家既没有明确禁止或者完全禁止代孕,也没有颁布专门的法律来评判代孕引发的纠纷。30年以来,泰国法律没有明确禁止代孕,且代孕技术的水平不断提高,遵循严格的流程标准,导致了许多不育夫妇到泰国寻找代孕母亲。所以就产生了一群人,利用此机会以中间人身份进行索贿,或者通过网站广告来宣传代孕服务,进行代孕运营,从而收取报酬。由于无任何法律来约束代孕的行为,每年产生了大量的代孕纠纷,泰国警方在处理相关事件时,只能在相关法律中寻找可以适用的规定。最终上述情况成为推动泰国代孕法律改革的异火索,设立了《保护以辅助生殖技术生产婴儿法》,简称《代孕法》,此法完全禁止商业代孕,禁止代孕中间人广告或者宣传代孕信息,以及禁止外国人在泰国委托泰国妇女代孕,只允许泰国合法夫妻使用代孕服务。此外,还规定了代孕契约的效益,认为代孕契约具有执行力。然而,本文参考了国外相关代孕法的规定及考虑到泰国的现状发现出台的《代孕法》的内容还不够完善,还有一些立法存在的问题,比如:此法规定关于代孕补偿费的规定与社会现状不相符,代孕补偿费要包括前期准备工作和代孕后期保养工作的报酬,以补偿代孕妇女在代孕期间内的损失。代孕契约的规定要添加交付代孕婴儿的时间范围,避免未来会发生由延迟交付代孕婴儿的原因而产生的问题。此外,该法律还要考虑到代孕子女应当有权得知自己是代孕出生。以辅助生殖技术产生婴儿的保护委员会,必须要有律师给代孕契约双方当事人辅导相关代孕法的规定,追踪和检查代孕子女的生活幸福状况和安全一直到其成年。最后,为了使代孕契约当事人遵行规定,该法律必须添加违反代孕契约的法律责任准则以及对提供辅助生殖技术服务和执业医生的法律责任规定。因为代孕不仅是一个简单的事情,而是创造了法律承认的人,滥用代孕技术可能使一个无辜的婴儿成为牺牲品,因此通过法律来规制代孕中产生的问题显得尤为迫切。如前所述,此论文专门研究了泰国代孕法的立法现状,发现依旧存在很多立法方面的问题,不符合泰国当前的社会现状,所以必须修改和补充相关条例,弥补此法的漏洞,避免未来发生因为立法漏洞而产生的问题。此外,本文参考了一些国外相关代孕法的规定及相关代孕法的学位论文,最后,提出了一些针对泰国代孕立法的修正建议。本文希望能体现出泰国代孕法律制度的立法现状及其存在的问题,并推动更多代孕相关的法律法规的制定和完善,保护当事人的合法利益,从而引导代孕技术成为促进人类社会发展的有利工具。
[Abstract]:The adoption of a child is the best way to solve the problem of infertility, as a result of the lack of scientific and innovative technology. Later, because of the constant development of society and science and technology, we have found a way to treat infertility------------------------------------------------------------------------ Many countries now support the generation of surrogacy and have enacted a special surrogate for surrogacy in order to deal with the problem in the form of surrogacy, but there are also some countries that neither explicitly prohibit or completely prohibit surrogacy, In the past 30 years, the Thai law has not explicitly prohibited the generation of surrogacy, and the level of surrogacy technology has been rising, followed by strict process standards, leading to a number of infertile couples to Thailand for surrogate mothers. As a result, a group of people are created to take advantage of this opportunity to act as a man-in-the-middle, or to advertise a surrogate service through a website ad to run a surrogate for payment. Due to the absence of any law to restrict the act of surrogacy, a large number of surrogacy disputes are generated each year, and the Thai police can only find the applicable provisions in the relevant laws when dealing with the relevant events. As a result, the above-mentioned situation has become the isofire for promoting the legal reform of the generation of surrogacy in Thailand, and the baby's method for the production of the baby's method for secondary reproductive technology is set up. And the prohibition of the commission of a Thai woman's surrogate in Thailand, allowing only the legal couple in Thailand to use the surrogate service. In addition, the benefit of the surrogate contract is also specified, and the surrogate contract is considered to be enforceable. However, the article, with reference to the provisions of the foreign-related surrogacy law and the current situation of Thailand, finds out that the content of the "surrogate method" is not perfect, and there are some problems in the legislation, such as the provisions on the compensation fee for the generation of surrogacy are not in conformity with the social situation, The compensation for surrogacy shall include the preparatory work and the compensation for the post-pregnancy maintenance work to compensate for the loss of the surrogate during the pregnancy period. The provisions of the surrogate contract are to add the time range for the delivery of a surrogate baby to avoid problems arising from the delayed delivery of the surrogate baby in the future. In addition, the law also takes into account that the child of a surrogate should have the right to know that she is a surrogate born. The Committee on the Protection of the Child, in the form of secondary reproductive technology, is required to have a lawyer to provide the parties with the contract of pregnancy with the provisions of the relevant surrogate method, to track and check the life and well-being of the child of the surrogate, and to ensure that the child is an adult. Finally, in order for the parties to the contract to comply with the provisions, the law must add legal liability guidelines that are in breach of the surrogate contract and the legal liability for the provision of secondary reproductive technology services and medical practitioners. Because surrogacy is not only a simple matter, but the creation of a legally recognized person, the abuse of surrogacy technology may make an innocent baby a victim, so it is especially urgent to regulate the problem of surrogacy through the law. As mentioned above, this paper studies the current status of the legislation of the generation of surrogacy in Thailand, and finds that there are still many problems in legislation, which do not accord with the current social situation of Thailand, so it is necessary to modify and supplement the relevant regulations to make up for the loopholes in this method. Avoid problems arising from legislative gaps in the future. In addition, the article refers to the provisions of some foreign-related surrogacy law and the degree thesis of the relevant surrogate method, and finally, some amendments to the legislation of the generation of surrogacy in Thailand are put forward. In this paper, it is hoped that the legislation status of the legal system of surrogacy in Thailand and the existing problems, and to promote the development and perfection of more and more relevant laws and regulations, protect the legitimate interests of the parties, so as to guide the surrogacy technology into an advantageous tool to promote the development of human society.
【学位授予单位】：北京邮电大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D933.6;DD912.1
本文编号：2492865
[Abstract]:The adoption of a child is the best way to solve the problem of infertility, as a result of the lack of scientific and innovative technology. Later, because of the constant development of society and science and technology, we have found a way to treat infertility------------------------------------------------------------------------ Many countries now support the generation of surrogacy and have enacted a special surrogate for surrogacy in order to deal with the problem in the form of surrogacy, but there are also some countries that neither explicitly prohibit or completely prohibit surrogacy, In the past 30 years, the Thai law has not explicitly prohibited the generation of surrogacy, and the level of surrogacy technology has been rising, followed by strict process standards, leading to a number of infertile couples to Thailand for surrogate mothers. As a result, a group of people are created to take advantage of this opportunity to act as a man-in-the-middle, or to advertise a surrogate service through a website ad to run a surrogate for payment. Due to the absence of any law to restrict the act of surrogacy, a large number of surrogacy disputes are generated each year, and the Thai police can only find the applicable provisions in the relevant laws when dealing with the relevant events. As a result, the above-mentioned situation has become the isofire for promoting the legal reform of the generation of surrogacy in Thailand, and the baby's method for the production of the baby's method for secondary reproductive technology is set up. And the prohibition of the commission of a Thai woman's surrogate in Thailand, allowing only the legal couple in Thailand to use the surrogate service. In addition, the benefit of the surrogate contract is also specified, and the surrogate contract is considered to be enforceable. However, the article, with reference to the provisions of the foreign-related surrogacy law and the current situation of Thailand, finds out that the content of the "surrogate method" is not perfect, and there are some problems in the legislation, such as the provisions on the compensation fee for the generation of surrogacy are not in conformity with the social situation, The compensation for surrogacy shall include the preparatory work and the compensation for the post-pregnancy maintenance work to compensate for the loss of the surrogate during the pregnancy period. The provisions of the surrogate contract are to add the time range for the delivery of a surrogate baby to avoid problems arising from the delayed delivery of the surrogate baby in the future. In addition, the law also takes into account that the child of a surrogate should have the right to know that she is a surrogate born. The Committee on the Protection of the Child, in the form of secondary reproductive technology, is required to have a lawyer to provide the parties with the contract of pregnancy with the provisions of the relevant surrogate method, to track and check the life and well-being of the child of the surrogate, and to ensure that the child is an adult. Finally, in order for the parties to the contract to comply with the provisions, the law must add legal liability guidelines that are in breach of the surrogate contract and the legal liability for the provision of secondary reproductive technology services and medical practitioners. Because surrogacy is not only a simple matter, but the creation of a legally recognized person, the abuse of surrogacy technology may make an innocent baby a victim, so it is especially urgent to regulate the problem of surrogacy through the law. As mentioned above, this paper studies the current status of the legislation of the generation of surrogacy in Thailand, and finds that there are still many problems in legislation, which do not accord with the current social situation of Thailand, so it is necessary to modify and supplement the relevant regulations to make up for the loopholes in this method. Avoid problems arising from legislative gaps in the future. In addition, the article refers to the provisions of some foreign-related surrogacy law and the degree thesis of the relevant surrogate method, and finally, some amendments to the legislation of the generation of surrogacy in Thailand are put forward. In this paper, it is hoped that the legislation status of the legal system of surrogacy in Thailand and the existing problems, and to promote the development and perfection of more and more relevant laws and regulations, protect the legitimate interests of the parties, so as to guide the surrogacy technology into an advantageous tool to promote the development of human society.
【学位授予单位】：北京邮电大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D933.6;DD912.1
【参考文献】
相关硕士学位论文 前3条
1 李洁洋;代孕法律问题研究[D];北京化工大学;2013年
2 安娜;代孕生育的法律问题研究[D];昆明理工大学;2012年
3 张丽静;代孕的法律问题分析[D];山东大学;2011年
，本文编号：2492865
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