A Surrogate Of The Parent-child Relationship Research In China

At present, artifical reproduction technology has appeared in medicine. It is mainly used to treat infertility. With the development of the surrogate technology,it impacting on the traditional natural reproduction. At the same time it also impacted the social ethics and legal system. Especially for the traditional civil law the parent-child relationship that brought bigger impact. China’s Ministry of health through the promulgation of "human assisted reproductive technology management approach" Prohibition of medical institutions and medical personnel to use a technology, but the rules are not very good solve a series of follow-up questions. For example, the surrogate underground trades frequent, surrogate children born to parent-child relationship that complex etc. As the surrogate events continue to occur, how to regulate surrogate parent child relationship problem is the primary problem. This paper firstly illustrates surrogate parenthood legislation in our country, the necessity and the feasibility, and then through the introduction of surrogate parent-child relationship identification theory, elaborated suits our country the parent-child relationship identification theory. Based on the foreign law were studied, including both the opening of surrogacy technology state legislation including the prohibition of surrogacy, national legislation, draw its experience, draw lessons from the legislative mode, combine the national conditions of our country, based on the type of surrogacy, surrogacy contract conditions, the surrogacy contract content, surrogate children. The parent-child relationship that is convenient to be provided, as well as the relevant departments, summed up our surrogate parenthood legislation.This article mainly through the comparison research method, analysis method, empirical analysis to writing thesis. This can summarize different identification and the advantages and disadvantages of each national legislation, and on this basis for their own legislative contents. To explore suitable for China’s national surrogate Parentage Law proposal.The meaning of this paper lies in the meaning of this paper is to fill up our surrogate parentage system blank, solve real life, perplexing the parent-child relationship.Mainly through their surrogate parentage identification of comparative study, in safeguard the best interests of the child on the basis of the principle, to find a suitable for China’s parentage identification rules, constructing China’s surrogate parentage identification of the legal system. So, infertile couples under the protection of the law to achieve their parenthood aim, maintenance of medical development, maintain social stability and harmony.Through a more comprehensive system research, the author puts forward the following new insights:our surrogate parentage identification theory, which should be in the best interests of the child on basis of the principles, conditions of contract; our surrogate parentage identification of legislative principle, it mainly includes the principle of best interests of children, limited use principle, banned commercial surrogacy principle, principle of public power to intervene; our surrogate child born of legal status of a valid contract, through the identification, the invalid contract identified two aspects to elaborate.