醫學的發展，常為人類診治許多不治之症、減少人類許多因疾病所帶來之痛苦及帶來許多快樂與回憶，然針對不孕者而言，人工生殖技術之發展，更是為其帶來無窮無盡之希望與願景，俗語有云：不孝有三，無後為大，留後雖是我國固有之傳統思想與文化內涵，惟考量醫學技術之發展，有時遠遠超越現實法律制度之規範，進而衍生許多複雜之社會爭議與問題，故在科技發展同時，法律該如何檢視與修正，以解決科技發展所帶來之危機，正是我們所應對之課題。
代理孕母制度於國外行之有年，惟於國內討論多時，卻遲遲無法完成立法，雖此議題於當今社會上爭議甚大，且問題意識凝聚較為不易，然政府有關部門〈包含行政與立法〉仍應積極思考如何創造一個良好而有效率之溝通環境、以獲得社會各階層之共識，期盼本法於儘速通過實施，而本文希冀藉由國外立法先例之探討、相關法院判例研析與國內現有之法律規定進行檢討後，提出一套可行方法，以供國人及政府相關部門採行或參考。
Developments in medicine have often led to the treatability of incurable symptoms and moderation of the hardships in many diseases bringing about innumerable happy memories. Thus, in the case of infertility as well, technical advances in artificial procreation have brought to its many recipients unbounded hope and vision. As the saying goes, there are three acts in violation of filial piety of which breaking the family line has most significance. Although having off-spring connotes fulfillment in traditional thought and culture, however, when considering developments in medical technology that at times are far ahead of the prevailing legal system giving rise in times of technological advance to many complicated social conflicts and problems, the prevailing legal system need undergo review and adaptation in order to resolve those threats brought on by such advanced technology. This is precisely the current relevant issue with which we must cope.
The system of surrogate birth mothers has been practiced for years overseas, but has here been only a subject in the national dialogue without becoming legislation. Since the issue in today's society has been intensely debated and has congealed into a dilemma of considerably more difficulty, thus the relevant government departments (comprising both the executive and legislative branches) should actively consider how to promote an amicable and effective environment for communication to thereby obtain the consensus at all levels of society with hoped for rapid implementation of subsequent legislation. This document intends via an analytical survey of foreign legal precedence, analytical research of relevant prior court adjudications and debate of the national domestic current laws and regulations to provide a set of feasible methods which the people and relevant government departments can adopt for review.
