The Commentary Of Chen Ying V.Luo Rong Geng Custody Dispute Case

With the vigorous development of modern social science and technology,people's reproductive ways change accordingly,not only traditional sexual reproduction,but also advanced artificial reproduction auxiliary technology.The birth and widespread use of surrogacy technology made the childless women dream of birth,which brought good news for many barren families.Surrogacy plays a particularly important role in alleviating the aging of the population,maintaining social sustainable development and maintaining harmony and stability.But the technology has two sides,it helps the human reproduction at the same time,also caused a strong impact on the existing legal system and ethics,especially the breakthrough of the traditional law thinking,to the traditional parent-child identification methods,issued a huge challenge.However,the current legislation on surrogacy custody identified the existence of gaps in legislation,only two administrative regulations do not allow medical institutions to engage in surrogacy matters,coupled with the existing laws are applicable to parentage identification of surrogate children can not solve the problem that their identity,so that custody of surrogate situation under the standard and control has become a pressing matter of the moment.This paper takes Chen Ying v.Luo Rong geng custody dispute-the country's first case due to surrogate custody dispute cases as the breakthrough point,combing the relevant theory and put forward some specific countermeasures,in order to provide suggestions for legislation and judicial practice in our country.The first chapter is the introduction,discussing the background,purpose and other information.The second part is a brief account of Chen Ying v.Luo Rong geng custody dispute.The basis of the result of the decision and the result of the decision is introduced.The third part,the focus analysis of Chen Ying v.Luo Rong geng custody dispute,including how to identify the relationship between mother and child and how to belong to custody,etc.,and detailed expansion.The fourth part,focusing on the controversial focus of the case,puts forward suggestions and Countermeasures on how to identify the paternity after surrogacy and how to determine the guardianship..