On Judicial Determination Of Children 's Legal Status By Artificial Insemination

As an assistant reproductive technology in the treatment of male infertility,artificial insemination has succeeded in bringing the gospel to the infertile family,promoting family harmony and integrity,and maintaining social stability to a certain extent.But at the same time,it should be noted that,as a kind of artificial insemination is different from the natural conception,in the face of the problem of parent-child relationship,compared with the general provisions,has its different criteria.For children born under natural conception,based on the presumption of legitimacy system,and then determine the legal status of children.But for the children born after artificial insemination,shall be required in fact satisfy the corresponding legal norms,can be regarded as the legitimate children between husband and wife.The identification of the legal status of the artificial insemination children born by the fact that it did not meet the requirements of the relevant legal norms is controversial,which leads to the dispute.In judicial practice,the legal status of children born under the condition of artificial insemination in the case of complicated pregnancy is facing a great challenge.In this paper the author in the form of case will be put forward on the problem of not in the existing legal norms under the cognizance of the legal status of children of artificial insemination in good situation to sort out,through the use of civil law,marriage law,inheritance law,rules of evidence theory are analyzed,and the legal status of children of artificial insemination in the case a determination is made,and sums up the factors required for the process identified in the legal status of children of artificial insemination,and then sort out the specific rules applicable.In this paper,except the introduction,the text is divided into four parts,more than 2.4 words.The first part puts forward the problem.Introduced Lee,Guo Mouyang v.Guo and the children of a certain case of inheritance disputes case,and then show the author's attitude to the results of this case.At the same time,by way of analysis of retrieval of similar cases China referee network,summed up the couple between children born to pregnant situation through artificial insemination,and then put forward the "how to identify the parties in the meaning of couples,the legal status of children born in different pregnancy by the way of this problem".The second part of the legal status of the children of artificial insemination.In the secon--d part,the author involved in the case of artificial insemination pregnancy made the type of distinction,and in the next type of problem in the legal and reasonable analysis of the measure of value and interest in the analysis,combined with the current status on the adjustment of parent-child relationship rules,make a judgment on the legal status of children the students.The third part is the consideration of the judicial decision of the children born by artificial insemination.Artificial insemination cases with a certain complexity,coupled with the current domestic application of artificial insemination on the lack of rules,there is no specific legal rules.The applicable conditions,the author combines the existing case,in order to put forward some elements of the process in order to artificial insemination case,as the elements of the value orientation of the consideration,so as to obtain more reasonable and justice.The fourth part of the rule of the rule of law of the children born by artificial insemination.For the application of the rules,the author analyzes the applicable rules of artificial insemination cases,put forward the preconditions for artificial insemination of the case,based on pre-setconditions,to further clarify the specific rules of artificial insemination.At the end of the article,the author puts forward the application of special rules of artificial insemination children judgment defect rules exist,combined with the previous studies,try to draw up rules on artificial insemination children's draft legislative proposals(see annex two),to test the harvest.