Studying On The Identification Of Parentage Under The Artificial Reproduction

The application and development of the artificial reproductive technology helps the countless infertility patients to achieve the dream of having children. However, we should not only approbate it’s scientific value and social significance, but also should we pay attention to the fact that the artificial reproductive technology separates the fertility behavior and sexual behavior objectively, cuts off the genetic relationships and fertility relationship powerfully, has a strongly impact on the traditional natural reproduction, and thus brings a series of new legal issues. For example, Can the artificial insemination children inherit sperm or egg donor’s estate, Who owes the duty of raising the children, What is the relationship between the surrogate children and the surrogate mother, etc. The key of solving all these legal issues is how to identify the legal status of artificial insemination children. With this basic problem be solved, the other related legal problems will be readily solved. How to deal with such disputes? Whether can it use the traditional regulations of the identification of parentage? All of these need us to deal with.The theme of this article is about the identification of parentage under the artificial reproduction, author attempts to have a comparative study of relevant legislations and jurisprudences in different countries and regions, and on the basis of the current law in our country, analyze the principle and specie regulations of the identification of parentage under the artificial reproduction.This article is divided into five parts besides foreword:The first part is to put forward the question. It mainly introduces the relevant judicial case of identification of parentage for artificial insemination children.The second part is an overview of the artificial reproductive technology. Firstly, it introduces the concept of the artificial reproductive technology. Secondly, this article divides artificial reproduction into three categories, which are homogeneous artificial reproduction, heterogeneous artificial reproduction and surrogate mother.The third part is about the attack of reproductive technology on the principles of traditional identification of parentage. Firstly, the article introduces two Roman law principle, Mater semper certa est (motherhood is always certain) and Pater est quem nuptiae demonstrant (the father is whom the marriage vows indicate).It explores that we should reconstruct the regulations of the identification of parentage for artificial insemination children.The fourth part is a comparative study on the identification of parentage under artificial reproductive technology in several countries and regions. On the basis of homogeneous artificial reproduction, heterogeneous artificial reproduction and surrogate mother, author finds that the legislation of identification of parentage has some trends to homogeneous artificial reproduction and differences in heterogeneous artificial reproduction and surrogate mother.The fifth part is mainly the construction of the legal status of children artificial reproduced. The author thinks that China should improve the principles and regulations of artificial reproduction in legal form, and make rules of parentage identification under the principles of the best interests of children.