| The establishment of the Parent- child relationship has been concerned with the stability of the family and the distribution of family property. As a new supplement reproductive technology, artificial reproductive technology has been widely used in today’s society for many infertile couples to have their own children. At the same time, the use of artificial reproductive technology brought many problems. It affects the order of family ties and the relationship between parents and children under the traditional condition of natural fertility, and also causes widespread controversy. It involves not only the social and ethical problems, but also in all aspects. The degrees of different types of artificial reproduction usage, the establishment conditions of sperm bank, the implementation of the eligibility criteria for artificial reproductive technology, as well as children’s right to be informed involving a wide range of content that requires legislation to further regulate. My analysis will focus on the affirmation of Parent-child relationship under the background of artificial reproductive. Within a lot of problems in the artificial reproduction, the urgent need to confirm is the Parent- child relationship. Artificial reproductive technology is most likely to cause disputes of the ownership of children. The rights of minors need to be protected. Under a particular environment, children born of artificial reproductive technology also need to be protected by law and enjoy the equal rights of children born with traditional natural childbearing.Artificial reproductive technology is most likely to cause disputes of the ownership of children. The rights of minors need to be protected. Under a particular environment, children born of artificial reproductive technology also need to be protected by law and enjoy the equal rights of children born with traditional natural childbearing. Many developed countries have specific legislation on the legal relationship of children born with artificial insemination. However, our country has vacuum in this legislation area. The traditional method of determining parentage alone is not fully applicable for many issues in the absence of express provisions of the regulatory area, it does not allow for some parts which was not forbidden either. Notwithstanding the provisions of certain artificial fertility is prohibited, the effect is not obvious. For example, the behavior of surrogacy has been officially prohibited, but cannot stop the rapid development of underground industry chain. Where there’s demand, where exists the market. The illegal surrogacy agencies grow vigorously to develop the underground industry chain which has been also under the risk of misuse of artificial reproductive technology. A rich man from Guanzhou has successfully surrogated eight births which has aroused a lot of people’s interests. The artificial reproductive technology is highly risky, the judgment on the basis is not defined made judicial decisions difficult. Therefore, the research of the legal status of children under artificial reproductive background is very important. Through the comparison of the legal parties at home and abroad, combined with China’s actual conditions, I will explore the affirmation of artificial Parent- child relationship identification rules in our country.This article is divided into five parts besides introductions and conclusion:The first part is a basic introduction to the artificial reproductive technology. It describes the details of artificial reproductive technology, types, and the evolution. Artificial reproductive technology released the relationship between the fertility and the marriage, separated sexuality and fertility, which challenged the traditional marriage parent-child relationship. People can make use of the medical method and make it a remedy reproductive behavior. In our country, the development of artificial reproductive technology started lately, but developed fast and has a high level of technology application which has been a new method widely accepted by most people. According to the artificial reproduction technology, the artificial reproductive technologies can be divided into artificial insemination in vivo, in vitro artificial insemination, surrogacy and cloning. Because of the huge problems of social ethics, cloning is widely forbidden.The second part is a comparative analysis of the parent-child relationship identification between the artificial reproductive technology and the traditional one. The author first introduced the ethics and legal basis of the artificial reproductive technology. From the ethical analysis, having children is the simplest desire to maintain a family’s stability and happiness. The development of artificial reproductive technology has promoted the stability and harmony of the society and the family. From the legal analysis, as a private right and an important part of human rights, reproductive rights should be fully guaranteed. Artificial reproductive technology should be legally recognized and protected. The possible problems caused by the artificial reproductive technology, such as social conflicts, ethical issues, and so on, should be regulated by the development of relevant laws and regulations. To avoid conflicts, just forbidding could not avoid conflicts, but left the troubles of legal gaps and regulatory weakness.In some other countries, determining paternity is based on the natural blood and the fiction blood. The parent-child relationship of the Natural blood, the woman gives birth is determined as the mother, the husband is determined as the father. Husband has evidences or reasons to believe he was not the biological father of the child may deny the legal status.The parent-child relationship of the fiction blood includes the adopted children and step-children relationship which formed the dependency relations in fact.The identification of traditional parent-child relationship is relatively easier than the artificial birth paternity identification which can be determined by blood or by legal procedures identified. Artificial reproductive has a great impact on the traditional parent-child relationship because of the fact that the artificial reproductive technology broke the traditional pattern. Artificial reproductive technology stripped out the reproductive rights from the institution of marriage, leading to the problems that sociology parents and biological parents may not identical. If the child used the donor sperms or eggs, and surrogate mother to pregnant, the situation is more complicated. According to the traditional parent-child relationship determination, the surrogate mother should be regarded as mother, and her husband as father. But if the child’s birth didn’t use her husband’s sperms, husband can denied the relationship. The surrogate mother and her husband didn’t have the willing to be parents. The surrogate mother just helps the woman who could not have her own baby or other profits purpose and accepted to gave birth to a baby. It is obviously unfair to demand the surrogate mother fulfilling her obligations and departing from her original desire. Besides, if the husband can not provide healthy sperms, the wife used AID(Artificial Insemination by Donor) to have a child, the husband has the right to deny the relationship for the reason that the child does not has consanguinity with him. So specific and practical methods to identified the parent-child relationship using the artificial reproductive technology are badly needed.The third part focuses on the analysis of the legal provisions relating to artificial birth paternity of children abroad. This part introduces different categories of foreign-related laws, compare with and comment on them. Research and analysis of foreign law is to provide reference for the study of the principles of our legislation and standards. According to the different kinds of AIH, AID, surrogate mother and so on, the legislation of developed countries is introduced in detail. Generally speaking, the world recognized that homogeneous artificial insemination children have the equal status with children born in wedlock. Children born to the prior consent of the husband’s agreement on the AID are regarded as the legitimate children, as a result, the husband should be seemed as a father; If without the husband’s prior consent or knowledge, then he has the right to refuse to perform the obligations to support. Countries around the world to treat the surrogate attitudes differ from each other. Even in the different states of the United States, the executive standards are not the same, so the case of the identifying of the relationship between surrogate mother and her child is not the same. Sweden, France and other countries oppose surrogacy, so the surrogate mother should be the mother. Britain determines the attribution of surrogate children in accordance with blood relations. The United States determines parent-child relationship in accordance with the surrogacy agreement.Only with permission of surrogacy agreements by court, the agreements have the force of law. Most countries are opposed to paid the surrogacy. It is opposed to be treated as a commercial behavior.The fourth part introduces and comments on the current legislation of our country’s laws. From the development process of China’s artificial reproductive technology, and its evolution, the reform of the breakthrough and so on, it analyses the relevant areas of China’s legal vacuum zone and weak link. The Ministry of Health has issued a series of normative documents, such as "the human assisted reproductive technology standards", "human sperm bank basic standards and technical specifications", "human assisted reproductive technology and human sperm bank ethics principle" in order to promote the artificial reproductive technology having a role of certain positive guidance. But in the judgment on the legal status of artificial reproduction children, there exist no formed special laws. The reply of the Supreme People’s court in 1991 is now still continued to be used which is not adapted with the reality of the situation.The fifth part proposes the ideas of the construction of artificial reproduction parentage. This part focuses on the legislative form, basic principles, and the establishment of rules and regulations, etc., and puts forward the relevant comments and suggestions on the lack of parent-child relationship around China. In our country, the construction of the parent-child relationship of artificial reproductive children should be based on the principle of confidentiality, the principle of the contract, the maximization of children’s interests, the prohibition of commercial intent and the rules of limited opening. According to different conditions, such as artificial insemination, heterogeneous artificial insemination, artificial insemination of the egg, the artificial insemination donated by others and the surrogate, this part will expound the standard of the legal relation of the artificial reproductive children. Overall, as long as the child is a pregnant wife’s production, wherever the sperm or the egg is from, the artificial reproductive children should be regarded as the legitimate child of the husband and wife, the mother being the pregnancy mother, and the maternal husband being the father. If it is an act of surrogacy, as long as the sperm egg source is entrusted by husband and wife, the child should be regarded as the legitimate children by the couple; if the surrogate mother provided the egg, according to the principle of maximizing the interests of the children, it is determined and recommended that the entrusting couples could raise the children in general. The author believes that the treatment of surrogate should take the action of limited open system, strict qualification examination system in order to ensure the healthy and orderly development of surrogate behavior. |
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