“代孕行为”是指妻因无法排卵且子宫有障碍而无法怀孕,经其夫之同意后将夫之精子以人工方法注入他女之体内,与他女之卵结合,并由他女怀孕分娩该子女,分娩后委托夫妻双方为该孩子的父亲、母亲.生育权是一种自然权利、应有权利、法定权利,加之种族繁衍与延续是整个人类的责任与义务。现阶段调整“代孕行为”的法律规定几乎处于空白,本文将“代孕行为”与收养法律关系紧密结合,提出有关的立法构想。 “Surrogacy ” refers to the wife can not ovulate and the uterus has obstacles and can not be pregnant, the husband’s consent after the husband’s sperm injection into his female body by artificial means, with his female egg and by his daughter It is a natural right, a right and a legal right to procure both children and their mothers after giving birth, and it is the responsibility and obligation of mankind as a whole to race and continue. At this stage, the legal provisions on “surrogacy behavior” are almost empty. This article closely integrates “surrogacy behavior ” with the law of adoption and puts forward the relevant legislative concept.