Abstract: Under the background of risk society and birth control system, the action of surrogacy of the person losing the only child is both necessary and urgent. From the angles of jurisprudence and human rights, the specific person’s special legal status determined by the rights of reproduction, survive and inhabitation made it legitimate to surrogate. Under the current circumstance with multiple disputations on surrogacy, the person losing his only child should have the priority to surrogate. To achieve this goal, it is required to establish a “laws-administrative regulations and governmental regulations –local normative documents” system, at the same time, the courts should reexamine the legal nature of the contract of surrogacy. Only by doing this can put the specific person’s action of surrogacy into the legal track and protect fundamental human rights.