Research On The Legal Identification Of Parent-child Relationship On The Condition Of Surrogacy

The technology of artificial assistant reproduction, as a modern medical treatment means, has been appearing its peculiar and powerful function in the aspect of treating barrenness. Surrogacy, as one of the artificial assistant reproduction technology, unlike the natural conception of fertility methods, refers to the behavior that a woman on behalf of other people helps them born a child with the help of human assistant reproduction. The born of surrogacy and its application in medical clinical practice, has brought the gospel to the more and more infertile couples, but at the same time, it breaks the way of traditional sexual reproduction, and challenges the traditional morality and legal system based on the natural reproduction.There is a keen argument about permitting it or not and on the extent to open it,different countries make different choices, some prohibit it definitely, some recognize it to some extent, others permit it thoroughly. The Ministry of Sanitation publishes the administration law of Artificial Assistant Reproduction Techniques,which has clearly forbidden medical institutions and medical personnel to do surrogate operations in any forms, but the total ban in the legislation does not deny its reasonable existence legitimacy, also can not hide its strong potential needs in the society. In our country, the argument whether the surrogate should be legalized is still in the fierce debate, and the disputes emerge in an endless stream arising from the surrogate child’s identification, since different surrogate situations lead to the phenomenon that the blood mother, the birth mother and the legal mother can not be the same, which strongly challenges the identification of the traditional parent-child relationship. Moreover, the issues of whether surrogacy is legal or not and the identification of the surrogate child belong to the different level problems, since no matter it is legitimate, once the baby has been born, we have to identify its relationship according to the law, never to pay no heed. Even if our country regards the surrogacy agreement as in violation of public order and moral and claims surrogacy illegal, because of its potential social demand, there are still someone try to secret surrogacy in high price. However, since the surrogate child has already exists, we couldn’t deny its existence, but to create a rule to look for its legal parents to solve the problems of raising, guardianship, inheritance and so on. Therefore, the paper just makes a research on the pressing and urgent problem no matter surrogacy is legal or illegal——the identification of parent-child relationship. The paper proposes to sort out the theory and legislation of the identification of parent-child relationship on the condition of surrogacy, combined with our current legislation and judicial practice, to make a legislate identification of parent-child relationship, and tries to build the rules of identification, and in order to solve the baby’s problem of support, care ,inheritance and so on.Body part of this paper is divided into four chapters:The first part is the necessity of legal identification of the parent-child relationship on the condition of surrogacy. On the basis of analysis of two typical surrogacy dispute cases, the paper puts forward the proposed solving problem, and makes an overall argument of the necessity of recognizance of the parent-child relationship on the condition of surrogacy.The second part is the basic theory of surrogacy. The paper first briefly introduce the basic theory, including the conception, classification and further defines its connotation and extension by making a comparison among surrogacy, human assisted reproduction technology and traditional borrow abdominal son。The third part mainly describes the doctrine and the typical legislation at home and at abroad. Because of the legislation in our country is almost empty and literature is very little, and foreign legislation and cases have some valuable experience, so this article mainly selects foreign legislation and jurisprudence in order to find some common points and rules to provide some guidance and advice of the build of rules of our country.The fourth part is the build of identification rules of parent-child relationship of surrogacy birth. Mainly from the legislative principles, system of concrete rules, with the guidance of the typical doctrine and legislation, the paper tries to break the original concept, and in order to construct the new parents perspective to find out the new identification rules of parent-child relationship on the condition of surrogacy.