The Research of Autonomy of Surrogacy in the Surrogacy Act Draft

碩士 === 國立成功大學 === 法律學系 === 105 === Under the premise that surrogate pregnancy is allowed and the corresponding contract is valid, this article analyzes the boundary of the surrogacy to draw to protect her physical autonomy using feminist jurisprudence’s approach. I first review pregnant women’s lega...

Full description

Bibliographic Details
Main Authors: Hsin-YiChen, 陳欣怡
Other Authors: Ing-Ling Hou
Format: Others
Language:zh-TW
Published: 2017
Online Access:http://ndltd.ncl.edu.tw/handle/74yjgm
Description
Summary:碩士 === 國立成功大學 === 法律學系 === 105 === Under the premise that surrogate pregnancy is allowed and the corresponding contract is valid, this article analyzes the boundary of the surrogacy to draw to protect her physical autonomy using feminist jurisprudence’s approach. I first review pregnant women’s legal status under Taiwanese Law, discussing the oppression underneath. Then I analyze related acts in both the United Kingdom and the United States along with related legal precedents as paradigms to protect surrogates’ autonomy. Finally, I examine the Artificial Reproduction Bill in Taiwan, finding that this bill not only enforces enormous responsibilities on the surrogates but completely ignore their labor. Such articles deprive one’s physical autonomy. To conclude, surrogates’ physical autonomy can be realized if and only if they can access to complete legal, medical, and economic resources, which should be carefully protected by the Artificial Reproduction Bill.