A Study On The Identification Of Parentage For Children Artificial Reproduction

Parent-Child relationship is the core of all the family relationship. As thedevelopment and use of reproductive technologies，the number of children born byassisted human reproduction have been increasing, and the argument about the legalstatus of these children have became more and more fierce. However, the parentage ofthe child in traditional civil law is not to be applicable for the children’s parentageunder the assisted reproduction. In order to protect their rights and interests, variouscountries had made correlation laws different from the past to regulate the children’sparentage under the assisted reproduction, while our country so far has not made theexplicit stipulation for the issue, and we need to do further exploration. Authorattempts to find reasonable rules through comparison and reconsideration of the laws,regulations of several countries and regions, and through self-criticism of laws andregulations with regard to assisted reproduction in our country.This article is divided into four parts besides foreword and concluding remark：The first part has put forward the question. It mainly has introduced the relevantjudicial case of identification of parentage for children artificial reproduction. At thesame time, it has also described different academic viewpoints related to the parentageof children artificial reproduction, and my standpoint and viewpoint.The second part introduces the concept of artificial reproductive technologiesand types, followed by the analysis of the basis for the existence of artificialreproduction techniques from two aspects, legal and ethical. In the end, it describethat we should reconstruct the regulations of the identification of parentage forchildren artificial reproduction through studying the attack of reproductivetechnologies on traditional identification of children’s parentage.The third part is the comparative studies on the identification of parentage forchildren under reproductive technologies in several countries and regions. It mainlyincluding AIH (Artificial Insemination by Husband)，AID (Artificial Insemination byDonor) and surrogate mother, in the end, author attempts to find a reasonable rule forthe identification of parentage for children artificial reproduction.The fourth part is mainly the author’s construction of the children’s parentageunder the assisted reproductive, including principles and concrete rules, which is consistent with the goal of assisted reproductive technologies.