Research On The Indentification Of Parents And Children On The Condition Of Surrogacy

The technology on artificial assistant reproduction has been apprearing its peculiar and powerful function in the aspect of treating barrenness as a modern medical treatment means.Surrogacy,as one of the artificial assistant reproduction techniques,refers to borrow another female's uterus to bear one's own baby because of the wife's deficiency in natural pregnancy. The rise of the technology on surrogacy benefits to many couples who get the disease of sterility. Because surrogacy may at least fulfill their dreams of raising a child, especially a child with the gene of either parent.But, every coin has two sides.The appearance of surrogacy benefits to people, but at the same time, it breaks the way of traditional sexual reproduction,and gives a sharp crash to traditional morality and legal system based on the natural reproduction, especially impacts the parentage of children in traditional civil law, which can not be applicable for children's parentage under assisted reproduction.As the development of modern reproduction treatment, surrogacy is widely used all over the world. There is a keen argument about permitting it or not, and different countries make different choices.Some countries absolutely forbid it, while, some permit it on some conditions. At present, the main legislation on surrogacy is the administration law of Artificial Assistant Reproduction Techniques and the Administration Law of Human Zoosperm Shed, published by the Ministry of Sanitation.They have clearly forbidden medical institutions medical personnel to do surrogate operations in any forms. Besides, we hardly find any special regulations on surrogacy or even no words on how to indentify the legal status of the children born through the technology on surrogacy, in the current General Principles of Civil Law and Law of Inheritance.But it can not be denied that the potential demand of surrogacy really exists in this society, even if the legislation completely forbids it. Surrogacy never disappears in our life, on the contrary, it is going to the other direction, more and more with various disputes. Therefore, no matter from the legislative level or from the practical level, the research of the laws on surrogacy with surfficient attention paid to it, and perfect regulations, is of great value and practical meaning.Based on previous reasons, this article mainly uses the method of contrastive research and documents analysis to expound the issue of how to indentify the social status of the children born through the technology on surrogacy, from the double angles of view of the academic and practice, and to comb the related theory on the legal issue of surrogacy. As the legislation about the technology on surrogacy is only the regulations published by the Ministry of Sanitation, therefore, the documents referred to in our country are not so surfficient as those in foreign countries.And it develops rapidly abroad. For this reason, this article will use for reference surrogacy legislation of relational countries and regions in the actuality of legislation of surrogacy in our country and bring forward legal countermeasures on regulating surrogacy in our country, to make clear regulations on the issue of the indentification of the legal status of surrogate children and surrogate parenting agreement to realize the effective control of the legalization of surrogacy.This article consists of four parts.The first part mainly demonstrates the basic theory of surrogacy, that is to introduce the concept of it, the category of it, and make it different from the traditional'give birth by other's worm'and multiwives.The second part mainly analyses legalization of the behavior of surrogacy based on the current negative view on surrogacy to expound the legal existence of the base of the technology on surrogacy. Free surrogate parenting agreement does not violate the principle of public orders and favourable customs. At the same time it does not commit the crime of selling babies. It just represents the rights of the pregnant women who want to lend their bodies and rights of the consigning parents who want to have their children.The third part explores the applicative situation of surrogacy in other countries and regions, making compartion in terms of the legislative attitude, legislative modes and indentification of parentage and analyse the related attitudes based on these legislative examples hoping to be helpful in the indentification of the surrogate parents and children.The fourth part is mainly about the legislative construction of the system of the indentification of the surrogate parents and children. This part uses for reference the legislation on surrogacy of the related countries and regions, based on the legislative practice on surrogacy of our country to give this opinion that the policy of the absolute prohibition of all forms of surrogacy should come into reconsideration. This part expounds the legislative principle and the concrete countermeasures of how to regulate the relation of the surrogate parents and children in our country. I suggest that the law should make a clear choice that sterile couples are parents of surrogate children. This part is where the innovative view of this article is. The writer expounds the principle of the indentification of the surrogate parents and children:the principle of pro-purpose of the artificial reproduction and the principle of the best interest for children, and makes surfficient discussion about how to apply them two to ensure the reseasonable control and application, to reach the beginning purpose of serving the human. This is also where the final purpose of this article is.