Studying On The Identification Of Parentage Under The Human Assisted Reproduction

At present, human assisted reproductive technique, has rapidly developed and obtained the widespread application to treat the patients on procreation in the various countries, which is the assisted technology of bearing. Simultaneously one group of artificial reproductive children appeared in the society. Human assisted reproductive technique has effect on not only the way of the birth, the marriage attachment to family, the social ethics morals and the religion but also the traditional identification of parentage under the nature reproduction. Therefore, it is urgent to revise the traditional identification of parentage and establish the legislation to protect the rights and interests of the artificial reproduction children.There are rules in our country to guarantee the security in artificial reproduction technology. On February 20, 2001, the sanitary department of our country published the rules in charge of the artificial reproduction technology. But it couldn't revolve all problems on the identification of parentage of the child. Moreover, civil law of our country has not involved the identification of parentage of the child.This article introduced the identification of the human assisted reproductive children, which proposal for the legislation. The author show condition of the human assisted of the human assisted reproductive technique and the impact to the traditional rules. The author researches the problems through three aspects in the article such as when the wife is the breeding person, when not a wife is the breeding person, cloned person. The article introduces the legal system of identification of parentage about the artificial reproductive children in various countries or areas.This paper added up to about 30,000 words and was divided into four chapters.The first chapter introduces the concept and of the human assisted techniques, the historical development and the current situation of the techniques in China. Then The human assisted reproductive techniques have broken the natural unification of birth and heredity, and have also broken the traditional identification of parentage of the child. There are different definitions from the scholars. But the same point is the artificial technique involved. The human assisted reproductive technique is extensively used with the environment worsen. In our country, the human assisted reproductive technique is developing quickly. At the same time, a series of rules are established. But the legislation of identification of parentage under human assisted reproductive technique isn't perfect. The traditional parentage of child comes into being according to relationship by blood or the legislation and the identification of parentage stands on relationship by blood or the legislation. But the identification of parentage under the human assisted reproductive technique doesn't stands on those rules.The second chapter talks about the identification of a child,when the wife is the breeding person. Under such circumstances,according to the hereditary material—the different sources of sperm and ovum,the text carried on the research about the parentage. The identification of the child when the wife is the breeding person in various countries is analyzed according the four conditions. Author proposes to identify a legal mother according to the birth fact and identify a legal father according to the child born in wedlock. The husband's agreement before surgery will restrict his right of denying the child. And the article research that the sperm is wrongly used , and wife uses the husband's sperm without the husband agreement and so on.The third chapter talks about the identification of the child,when another woman( not the wife) is the breeding person. First, the article shows the situation on surrogate mother in various countries. Then the laws and legal precedents of various countries is considered and compared. Next the author gives some advice of identification of the parentage of the child. And the basic principle and the rules are involved in the part. If the surrogate mother is admitted would effect on the identification of the child. The author agree with the limitedly opening the rules of surrogate mother. When identifying parentage of the child born by the surrogate mother, author proposes to take the child's best interests and the contract as the principles and to break through the traditional view that mother is the person who gives birth.The forth chapter mainly introduce the identification of the cloned child. Cloning human is forbad in major countries. But the appearance of the cloned human is greatly possible with the development of the cloning technology. So the proposal on the identification of the cloned child is supplied in the part.