The analysis of sociology of law of the child of legitimate birth ─ based on the legislating in surrogate mother law

碩士 === 玄奘大學 === 法律學系碩士班 === 95 === The main central point where this text probes into is surrogate mother, and it is very wide to act for the aspect that the surrogate mother involved, so must be with the discussion of the different aspects. Can know surrogate mother's intension thoroughly so o...

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Bibliographic Details
Main Authors: Lin Shih–Ting, 林詩庭
Other Authors: Kure Yosoh
Format: Others
Language:zh-TW
Published: 2007
Online Access:http://ndltd.ncl.edu.tw/handle/62743391523343154082
Description
Summary:碩士 === 玄奘大學 === 法律學系碩士班 === 95 === The main central point where this text probes into is surrogate mother, and it is very wide to act for the aspect that the surrogate mother involved, so must be with the discussion of the different aspects. Can know surrogate mother's intension thoroughly so only, leave and understand and analyse that acts as surrogate mother's meaning in the society, and how go to face and deal with the legal system aspect. Offer a proper introduction on existing wedding natural disposition systems of children at first, because the way to surrogate mother is to take the place of pregnant people in order to produce the pregnant course with the third person, so it certainly will stipulate with traditional legal system that produces the conflict, so could analyse the follow–up question after there should be certain understanding in existing ruling by law. Is it direct against artificial reproduction development history, meaning, type attitude of technology offer introduction to come and then, can is it analyse why artificial reproduction technology will bring to law of the child of legitimate birth and strike quite to go thoroughly after not understanding, especially surrogate mother's technology. Certainly there is this technology, it not will certainly need it to the society, so act for the attitude of surrogate mother's production background, meaning, type in the society and social demand and offer the suitable introduction. Will is it can find to come on the way, surrogate mother is what the current society must go to face, and a escape that hide will only bring more questions. Then right away begin to analyse that it is on legal system aspect, social ethics aspect, and religious ethics aspect, medical ethics aspect to act as surrogate mother and control the particularity on the aspect. And mix with the foreign legislative example and understand it in depth. And our country is about the asserting of the relations of mother and son at present, It is mother that the lying–in woman is permanent; Asserting, adopt the wedding to grow and infer of father and son. Conflict with surrogate mother herein, so quite recommend and make a self–criticism to mother and son, father and son, proposing other judgement standards, in order to accord with originally infertility married couple sought the original purpose to surrogate mother's technology. And on can agree on parent–offspring's relation, and carry out possibility to offer the introduction on the agreement aspecting, and then direct against some special problems of taking the place of the pregnant agreement and describe and make a self–criticism. surrogate mother it can be said to have two sides not fine or not bad, but rights and interests of people can because their the harmful to deny promptly. So if acknowledge that it is far greater than the harm to act for its benefit brought of the surrogate mother's system, and this is what the people expect, needn't go to deny it. So except this text makes a self–criticism than externally on the pluses and minuses, and analysis for it has come to acceptance degree to people. And quite analyse to the current bill finally, offer certain expectation.