On 12 September 1997 the Director of National health Administration announced their proposal to legalize the long-argued issue of surrogate mother. Opinions vary greatly on hearing this controversial news. For those who approve, especially women unable to get pregnant, they are happy because they can finally fulfill their dream to have their offspring. But people who disapprove try to pinpoint the questionable nature of this issue in terms of legal, moral, or religious perspectives. This is a very complicate issue that involves comprehensive problems. The most common arguments are: How to divide the right and obligation between the couple and the surrogate mother? Who is/are the parent(s) of the child, the couple or the surrogate mother? How to prevent the abuses of surrogate mother into a commodity? Can the couple refuse to accept the baby if s/he has birth defects? Can the surrogate mother stops Pregnancy when she regrets the arrangement? All these need to be carefully considered before its implementation. This study plans to discuss from a legal perspective: what conditions are absolutely necessary for the implementation of the legalization of surrogate mother in order to minimize any possible negative effects. First, the surrogate mother is clearly defined as a woman who get pregnant for someone else, not including genetic surrogacy. Second, though disapproving party have their well-grounded worries, the social trend tends to the approval of the issue. Third, to prevent abuses of the surrogate mother, it is necessary to set up careful requisites to restrict the application in order to minimize the corrupted uses. Fourth, it is essential to clearly define the right and obligation between the couple and the surrogate mother in their contract. Fifth, it is necessary to adopt the genetic perspective to settle down the controversy over the mother of the child delivered by a surrogate mother. Based on these discussions, it is believed that the legalization of surrogate mother is worth implementing to solve many couples' difficulty if the contract is approved by authorized health organizations in advance, and notarized by courts.