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Yao And Qin Mou Surrogacy Disputes Legal Analysis

Posted on:2016-03-17Degree:MasterType:Thesis
Country:ChinaCandidate:W H WangFull Text:PDF
GTID:2336330473467350Subject:Law
Abstract/Summary:PDF Full Text Request
Because of the aggravation of environmental pollution, the change of life style, the increase of the spiritual pressure of the modern people, the rise of the incidence of infertility is the objective fact,More and more surrogate bodies and surrogate misconduct emerged, and thus sparked a lot of disputes about the surrogate. A dispute over the Yao and Qin mou visitation dispute is caused by surrogacy. The key points and difficulties of the decision are that the nature of the surrogate acts and the legitimacy of the surrogate agreement, the parent-child relationship of the surrogate mother and the surrogate child. Through the analysis of this case I gets the following conclusions: Study on the validity of the surrogacy agreement according to different types of surrogacy, surrogate agreement for the plaintiff and the defendant is typical "borrow abdominal son". The less socially acceptable form of sexual intercourse to surrogacy, in violation of the legal provisions prohibiting, of course, is a violation of legal, so the plaintiff and the defendant's surrogacy agreement is invalid and illegal. The plaintiff and the surrogate child between which has blood relationship should be identified as the plaintiff and the defendant's illegitimate children, the plaintiff entitled to visitation of surrogate child born. Discrimination of different surrogate behavior, to clarify the legal disputes in modern society according to different surrogate types is helpful, and in our country for a surrogate take ban is not conducive to the treatment of such cases the provisions of across the board. Instead, we should formulate relevant laws and regulations, should not be blocked in order to adapt to the different needs of today's society and resolve disputes. What's more, we can create a harmonious society.
Keywords/Search Tags:Surrogacy, Validity, Paternity, Visitation rights
PDF Full Text Request
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