A Study on the Constitutionality of Surrogacy and Legal Paternity

• Main Authors: YEH,CHIEN-WEN, 葉倩妏
• Other Authors: LIN,TSANG-TU
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/59521669698851041185

碩士 === 玄奘大學 === 法律學系碩士班 === 105 === ABSTRACT Due to rising in assisted reproductive technologies, the means for human life propagation is moving towards a new era. However, this also brings us reflections on the law, the morality, the religions, and the family ethic order. It should remain a fundamental principle that we be tolerant to the opinions of societies' multi-groups on their own reproductive choices. In the beginning, this article is going to discuss the concept and the types of surrogate assisted reproductive technology, how it works, and the issues it arose in society. Then it portrayed Taiwan's legislative history for surrogate assisted reproduction in the past three decades, and the national policies evolved during these periods. Next, it shall study the constitutional issues for surrogate assisted reproduction, including: the human dignity, the reproductive autonomy, the body autonomy, the right of family. The author wishes to derive a flexible concept for the human dignity, the necessity for protecting the right of family, the reproductive autonomy and the respect for body autonomy, so as to reach a conclusion in accord with the Constitution to facilitate prompt legislation. Subsequently, after discussing the traditional ways to determine the paternity, the author shall return to a very important issue of this article: the new paternity evolved from the surrogate assisted reproductive technology that breaks away from the traditional paternity. As various reproductive technologies were invented, the scholars were forced to use new methods to redefine the paternity, and to make the most appropriate choice and arrangements for the couples, the gestational mothers, and the children. Finally, this study shall use the bill of Surrogate Act 2012 as a venue for discussion: how to screen the qualified candidates for surrogate assisted reproduction, the determination of new paternity, and to give advices to the legislator.