In practice,paid surrogacy frequently needs to be regulated.At present,the supply of administrative regulation is weak because of the low legal rank,narrow scope and poor effect.In the criminal regulation,the crime of illegal business operation and illegal medical practice is applied incorrectly,and the supply is lacking.The execution regulation of surrogacy is almost absent.Paid surrogacy requires the participation of multiple subjects,the role of subjects is different,and the regulatory means are also different.The prohibition of paid surrogacy is intended to protect the personal interests of the surrogate mother and the public health order.Among them,the surrogacy organizer dominates the surrogacy process,and the technical implementer is in a key position by virtue of technology.It is difficult for the entrusting party to control each surrogacy link,the surrogate mother has the identity of the victim,and the egg donor should answer the responsibility for the risk of egg retrieval,without criminal regulation.In view of this,criminal and administrative efforts should be coordinated under the guidance of the holistic legal view.The criminal law can add the crime of organizing surrogacy and implementing surrogacy technology,and the administrative law imposes administrative punishment on the egg donor and the entruster,so as to realize the effective regulation of paid surrogacy.
paid surrogacysurrogacythe surrogacy organizerslegal regulation of surrogacy
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