泰國代孕法問題研究
發(fā)布時間：2019-06-04 17:06
【摘要】：之前,由于科學創(chuàng)新技術(shù)的不足,所以收養(yǎng)孩子是解決不孕不育的最好方式。后來因為社會及科學技術(shù)不斷發(fā)展使人類發(fā)現(xiàn)了治療不孕不育癥的方法------代孕,作為不孕不育者的新期望,但也沖破了道德,法律,社會治安政策及其理論。如今不少國家支持代孕并頒布了專門的代孕法,以便代孕糾紛發(fā)生的時候可以按照代孕法處理問題,但也有一些國家既沒有明確禁止或者完全禁止代孕,也沒有頒布專門的法律來評判代孕引發(fā)的糾紛。30年以來,泰國法律沒有明確禁止代孕,且代孕技術(shù)的水平不斷提高,遵循嚴格的流程標準,導致了許多不育夫婦到泰國尋找代孕母親。所以就產(chǎn)生了一群人,利用此機會以中間人身份進行索賄,或者通過網(wǎng)站廣告來宣傳代孕服務(wù),進行代孕運營,從而收取報酬。由于無任何法律來約束代孕的行為,每年產(chǎn)生了大量的代孕糾紛,泰國警方在處理相關(guān)事件時,只能在相關(guān)法律中尋找可以適用的規(guī)定。最終上述情況成為推動泰國代孕法律改革的異火索,設(shè)立了《保護以輔助生殖技術(shù)生產(chǎn)嬰兒法》,簡稱《代孕法》,此法完全禁止商業(yè)代孕,禁止代孕中間人廣告或者宣傳代孕信息,以及禁止外國人在泰國委托泰國婦女代孕,只允許泰國合法夫妻使用代孕服務(wù)。此外,還規(guī)定了代孕契約的效益,認為代孕契約具有執(zhí)行力。然而,本文參考了國外相關(guān)代孕法的規(guī)定及考慮到泰國的現(xiàn)狀發(fā)現(xiàn)出臺的《代孕法》的內(nèi)容還不夠完善,還有一些立法存在的問題,比如:此法規(guī)定關(guān)于代孕補償費的規(guī)定與社會現(xiàn)狀不相符,代孕補償費要包括前期準備工作和代孕后期保養(yǎng)工作的報酬,以補償代孕婦女在代孕期間內(nèi)的損失。代孕契約的規(guī)定要添加交付代孕嬰兒的時間范圍,避免未來會發(fā)生由延遲交付代孕嬰兒的原因而產(chǎn)生的問題。此外,該法律還要考慮到代孕子女應(yīng)當有權(quán)得知自己是代孕出生。以輔助生殖技術(shù)產(chǎn)生嬰兒的保護委員會,必須要有律師給代孕契約雙方當事人輔導相關(guān)代孕法的規(guī)定,追蹤和檢查代孕子女的生活幸福狀況和安全一直到其成年。最后,為了使代孕契約當事人遵行規(guī)定,該法律必須添加違反代孕契約的法律責任準則以及對提供輔助生殖技術(shù)服務(wù)和執(zhí)業(yè)醫(yī)生的法律責任規(guī)定。因為代孕不僅是一個簡單的事情,而是創(chuàng)造了法律承認的人,濫用代孕技術(shù)可能使一個無辜的嬰兒成為犧牲品,因此通過法律來規(guī)制代孕中產(chǎn)生的問題顯得尤為迫切。如前所述,此論文專門研究了泰國代孕法的立法現(xiàn)狀,發(fā)現(xiàn)依舊存在很多立法方面的問題,不符合泰國當前的社會現(xiàn)狀,所以必須修改和補充相關(guān)條例,彌補此法的漏洞,避免未來發(fā)生因為立法漏洞而產(chǎn)生的問題。此外,本文參考了一些國外相關(guān)代孕法的規(guī)定及相關(guān)代孕法的學位論文,最后,提出了一些針對泰國代孕立法的修正建議。本文希望能體現(xiàn)出泰國代孕法律制度的立法現(xiàn)狀及其存在的問題,并推動更多代孕相關(guān)的法律法規(guī)的制定和完善,保護當事人的合法利益,從而引導代孕技術(shù)成為促進人類社會發(fā)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.
【學位授予單位】：北京郵電大學
【學位級別】：碩士
【學位授予年份】：2017
【分類號】：D933.6;DD912.1
本文編號：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.
【學位授予單位】：北京郵電大學
【學位級別】：碩士
【學位授予年份】：2017
【分類號】：D933.6;DD912.1
【參考文獻】
相關(guān)碩士學位論文 前3條
1 李潔洋;代孕法律問題研究[D];北京化工大學;2013年
2 安娜;代孕生育的法律問題研究[D];昆明理工大學;2012年
3 張麗靜;代孕的法律問題分析[D];山東大學;2011年
，本文編號：2492865
本文鏈接：http://sikaile.net/falvlunwen/falilunwen/2492865.html
