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On The Recognition Of The Parent-child Relationship Of Artificial Reproductive Technology

Posted on:2015-03-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y H GeFull Text:PDF
GTID:2266330428957383Subject:Law
Abstract/Summary:PDF Full Text Request
As a new assisted reproductive methods-artificial reproductive technology has beenwidely used, in fact, the reason why people accept the artificial reproduction, is nothing morethan the desire to meet the next generation of infertile couples reproduce. However, withrespect to the natural fertility, artificial reproduction, after all new things, it appears tomarriage, family, parent-child relationship under traditional natural fertility caused a hugeimpact, and thus caused widespread controversy. Of course, artificial reproductive technologyis not only related to ethical issues, but also to many other areas. Perpetrators of suchconditions, conditions of the donor, sperm bank management, children’s right to know,embryo disposition,etc., these are the laws and regulations we need to further develop thespecification. I just found it for the parent-child relationship publish some of their views, inmy opinion, the interests of the children is artificial reproductive technology to be protectedunder the First, although the couple did not take fertility artificial reproductive technologywould violate the relevant laws and regulations, but born the legitimate rights and interests ofchildren are still protected by law should be, we should start from the point of view of humannature, as individuals, artificial reproductive technology children have the same rights andbenefits of having children with nature.The paper is divided into five parts:The first part of the introduction, mainly introduces the background and significance ofcurrent research and the main innovations of the paper, specifically the research purpose ofthe article, to guide its entirety.The second part describes the macro from the history of the development of artificialreproductive technologies, concepts and types, so the current status of assisted reproductionhave a basic understanding of reproductive technologies, including artificial insemination,embryo transfer and surrogacy, fertility and genetic broke natural unity, to the traditionalparent-child relationship has had an impact identified, the traditional parent-child relationshipparent-child relationship finds rules have been identified under artificial reproductivetechnology is no longer applicable. Meanwhile in-depth analysis of the ethical foundation and legal basis artificial reproductive technologies exist for the study of issues related to later pavethe way.The third part of our parent-child relationship under artificial reproductive technologieslegislation identified for analysis, pointed out the lack of relevant legislation and practice inthe use of artificial reproductive technologies and legal status of children born to inheritproperty and other issues are no laws, and therefore more This has improved the legalnecessity and urgency.The fourth part in the foundation of a large number of read books and magazines onartificial reproduction, combined with a typical case law and various countries, foreignparentage under artificial reproductive technologies legislation identified a comparative study.States generally focus on protecting the interests of the child protection artificial reproduction,but there are many differences in the rules of the parent-child relationship recognized bysummarizing foreign legislative experience and practice lessons, trying to find a suitableartificial reproduction of the parent-child relationship recognized rules.The fifth part on the basis of national legislation and practice on the proposed legislativeidea of artificial reproductive technologies identified under the parent-child relationship. Ibelieve that in order to protect the interests of children should be the principle of artificialreproductive determine paternity. Parent-child relationship should be considered followingrules: First, the homogeneity of the original artificial insemination paternity finds applicablerules. But after the termination of the marriage, the wife if the husband continued use ofsperm for artificial insemination, need the consent of the father of the children after herex-husband’s consent; Second, heterogeneous artificial reproductive cases, during theexistence of marriage, the couple consensus born of artificial insemination children presumedto be legitimate children, if without her husband’s consent, the wife heterogeneity artificialinsemination without surgery, her husband can deny the children filed the complaint; Third,the use of surrogate meaning expressed under the principle that who wishes through artificialreproduction The couple gave birth to children of technical legal parents, surrogate motherhas no legal qualifications. Artificial reproductive status of children born in wedlock equivalent position, once paternity identity formation, enjoy children "Marriage Law"provisions and enjoy all the rights and obligations to fulfill.
Keywords/Search Tags:Artificial reproductive technology, Artificial insemination, Embryotransfer, Surrogacy, Parent-child relationship
PDF Full Text Request
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