Research On The Legal Status Of Surrogate Children

With the improvement of artificial reproduction technology,a surrogate children become more and more accepted as infertility family.However,surrogacy involves legal,moral,ethical,human rights and a series of complex issues,so the law of surrogate in our country is opposed by default,at the same time,the provisions of the legal status of surrogate children is almost blank.This leads to lack of legal recognition and social discrimination of surrogate children,this group has been affected by the normal life.So,to clarify the legal status of surrogate children to better protect the lawful rights of the surrogate children is very important.This article uses comparative analysis method to analyze the different countries and regions on the surrogate and surrogate children,discuss the pros and cons of these rules,it is concluded that our country can draw lessons from the experience;Also uses text analysis method to analyze the our country present in the field of law and judicial practice,seeking support for their arguments and breakthrough.This paper will be divided into four parts:The first part discusses the surrogate and surrogate children some of the basic issues,including the definition,classification,etc.First of all,understand the concept of surrogate motherhood,connotation,this is the topic the root causes of "legal status"surrogate children;Second,understand the definition,classification of surrogate children,lay the ground of legal status for a surrogate children;Finally,analyzing the status of the surrogate and surrogate children,including the current legislation present situation and practice,understand the plight of surrogate children.The second part first introduces the four theory of determination of surrogate parenthood:"contract","blood","labor" and "the best interests of children protection principle",and analyzes the rationality and defects existing in the various theories;Then examines the Anglo-American law system and continental law system in different countries and regions on the use of the above four theories as well as the attitude towards a surrogate children,find out bring enlightenment and experience of our country.The third part analyzes the living predicament of surrogate children,including a surrogate status which is not legal with the major premise and the surrogate childrenTwo aspects of person and property rights barrier,such as guardianship,custody,inheritance,and so on,showed the necessity of solve the dilemma surrogate children legal status and importance.The fourth part puts forward the way to solve legal status of a surrogate children.On the one hand,to clear a surrogate parenthood that way,this is the source of the rights and obligations of surrogate children on the classification of the surrogate children according to the above,on the other hand,from the local surrogate surrogate children and children two types clarify the legal status of surrogate children,including the use of the existing relevant provisions in the rights of children and propose solutions for surrogate children special problem.