A Study On The Determination Of Parent - Child Relationship

With the rapid development of modern treatment, a new kind of artificial assistant reproduction has appeared and been widely used all over the world. As an important method to help infertile couples realize the dream of having their own children, surrogate technology is no longer limited by traditional rules and concepts, thus having its own irreplaceable advantages. However, it has a new set of challenges behind the development of the surrogate technology. For example, it not only challenges traditional legal morality and legal system, but also puts forward challenges to the parentage of children in traditional civil law. Therefore, the surrogate disputes often came up in our daily life. After the dispute, some problem began to appear. Who should raise the surrogate child? How should allocate the responsibilities? All these follow-up problems are pending because of the blank in our legal system.This article consisting of four parts uses the method of comparative analysis to expound the issue of how to identify parent-child relationship on surrogacy.The first part mainly demonstrates the basic theory of surrogacy, such as the concept, the category and so on. For a deeper and more systematic understanding of surrogacy, first of all, we must clarified the connotation and extension of surrogacy. Secondly, this article, based on the reflection on the current legislative and judicial practice on surrogacy, further proves the legitimacy and rationality of the rule to decide the parenthood on surrogacy from the three levels human rights basis, legal basis and civil law basis, making the surrogacy have a solid foundation in theory.The second part discusses respectively the impact of surrogacy on "the delivery as the mother" principle, the presumption system and the denial system of legitimate children based on the huge challenges of the parentage of children in traditional civil law after the appearance of the surrogacy, and prove the emergency and necessity of re-establishing surrogate parenthood legislation.On the investigation of foreign laws, the third part selects the typical areas and countries under the common and the civil law system as a model, especially carries on the theory and practice by combining with some typical cases, hoping to reach helpful inspirations for the identification of the surrogate parenthood in our country through generalizing and comparing. Britain was the first country to do research on surrogacy. In American, most states sets its own rules on surrogacy cases. Germany and France take strict forbidden patterns. Taiwan experienced a long and difficult process in legislation. They all provide us with too many rules and experience which are worth learning.The fourth part focuses on the topic of this article, that is the concrete construction of surrogate parenthood legislation. Firstly make clear the principle which should be followed in construction, then take this as a base point, dissertate respectively identification of surrogacy motherhood and fatherhood. Besides, it puts forward suggestions to regulate the identification of surrogacy from three angles of surrogate contract, surrogate regulation,rights and obligations, hoping to promote the construction about the rules of our country in the future and be helpful to solve relevant practical issues.The last part mainly carries on the summary to the full text. It clarifies and emphasizes again that we must decide the identification of the surrogate parents and children in the eyes of the law as soon as possible, making their legitimate rights and interests are the same as children born in natural reproduction and making them have the law to obey.