從儒家倫理學看“代孕”的道德性

A Confucian View on Surrogate Motherhood

Abstract

LANGUAGE NOTE | Document text in Chinese; abstract also in English.

代孕（文中特指完全代孕）行為是指代理孕母接受不孕夫婦的受精卵，將其放入自己的子宮內，實現受孕，並經過十月懷胎，生出與自己無血緣關係的孩子的行為。代孕作為輔助生殖技術衍生技術，自產生之初，便飽受爭議。圍繞代孕產生的道德爭議包括：代孕生育是不是一種非自然的方式而應予以抵制？代理孕母出借子宮是否有損人的尊嚴？如果代孕合乎道德，是否能夠使其商業化？本文旨在從儒家倫理學出發，以“生生之德”、“仁者愛人”為代孕技術和代理孕母提供一種合理的辯護。從儒家倫理學的角度來看，代孕技術和代理孕母本身就是道德上正當的。代孕技術為不能生育的夫婦帶來希望，符合“生生之德”，是一種以人道補不足的措施；代理孕母更是為了他人的幸福甘願犧牲人利益，體現出崇高的道德價值。同時，本文嘗試用儒家生命倫理學的基本原則，即“貴生”、“仁愛”、“公義”、“和諧”四原則，為代孕行為做出規範。使得代孕能夠被更多的人所接受，促進社會福祉。

Surrogacy, especially complete surrogacy, refers to a surrogate woman who accepts the fertilized egg of an infertile couple into her uterus to achieve pregnancy for that couple. In almost ten months she will give birth to a baby who belongs not to her but to the infertile couple. Such surrogacy, along with relevant assisted reproductive technology, has been highly controversial since its introduction. It is well known that important ethical issues surround such surrogacy, including: should such unnatural surrogacy be resisted or prohibited? Is lending one’s uterus in such surrogacy compatible with a proper notion of human dignity? If such surrogacy is morally acceptable, should it be commercialized?

Since 2001, the Chinese Ministry of Health has completely banned the practice of such surrogacy through administrative regulations. However, this has merely produced an “underground” surrogate industry, but has not reduced the demand for surrogate mothers. This essay intends to defend surrogate technology and surrogate motherhood from the Confucian notion of “creative creativity” and “benevolent love.”

Surrogate technology, which offers assistance to produce human life through artificial means, brings hope to infertile couples who wish to have children. This is in conformance with the Confucian notion of “creative creativity.” It provides an artificial way to make up for deficiencies in human natural reproduction. A surrogate mother is compassionate towards infertile families. She is willing to sacrifice her personal interests for the welfare of others, reflecting the lofty moral values of the Confucian tradition.

In addition, this article appeals to certain basic Confucian ethical principles to address relevant issues. These principles include the principles of “cherishing life,” “benevolence,” “justice,” and “harmony.” The principle of cherishing life requires that every human being should have respect for and love life, and this is taken to be an inherent requirement of human nature in Confucian thought. The principle of benevolence refers to the requirement that everyone should care for others and follow the golden rule, namely, that one should not do to others what one does not want others to do oneself. Confucian justice is considered a basic virtue in social distribution, and government should take care of those who are unfortunate or vulnerable. In the medical field, this is particularly reflected in the equitable distribution of medical resources. The principle of harmony requires that each individual should have peaceful contact with others and get along with others in a friendly way; it also requires that everyone make important decisions together with their close family members in relevant medical contexts. Taking all of these principles together, the Chinese government should not ban surrogacy through administrative regulations. It is only proper to guide surrogate practices through certain rules and norms, so that the legitimate interests of both infertile couples and surrogate mothers can be adequately protected in terms of suitable Confucian ethical considerations.

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