The Exploration Of The Legal Theory About Identifying The Parent-Child Relationgship In Surrogacy

Giving birth to children is always an essential condition for human progress, propagation and cultural heritage from ancient times. Natural fertility is always a way for humans to reproduce, however people suffering infertility can not bear children through the natural way, the problem is this part of the population of the ineffable painful. With the rapid development of modern medicine, Assisted Reproduction Technology (ART) has been applied to practice, which has helped infertile couples to have children. However every coin has two sides, especially for surrogacy technology. Although the technology can assist the infertile couples, it has been continuously challenging the current law system. The surrogacy technology goes against the traditional relations between parents and children. Although surrogacy is prohibited according to’The people’s Republic of China’s Assisted Reproduction Technology Regulations’, the cognizance of relations between infertile couples and surrogate children has never been mentioned. Due to the prohibition of surrogacy in China, there is no relevant regulations regarding the cognizance of relations between infertile couples and surrogate children, which has caused many legal disputes and issues. The cognizance of the relations is different in different countries and thus, academia in this field has different opinions regarding the cognizance. According to traditional concepts, most scholars think the relations should be cognized by childbirth and bloodline. Some other scholars believe the relations should be cognized by surrogate parenting agreements or the principle of best interests of the child. Under such circumstances that the relevant regulations cannot be perfected, I believe the public power should play its full role in reasonably regulating surrogacy. Besides that, a scientific legal system concerning the cognizance of relations between infertile couples and surrogate children should be introduced, which should be firstly based on the principle of best interests of the child, and secondly based on the purposes of artificial reproduction combined with the theory of contract and the theory of best interests of the child. Taken together the two above principles can not only meet the requirement of the development trend of law of children standard, but also it can satisfy the infertile couples’desires of having their children.