Research On The Identification Of Surrogate Parenthood In China

With the rapid development of Human Assisted Reproductive Technology,Surrogacy makes more and more infertile couples realize the dream of having children.However,there is a lot disputs about that parentage determination between infertile couples and surrogate mother nowaday.There is not only positive conflict about fighting for guardianship of the children but also negative conflict that both of them give up the right to take care of the baby.Although there is no definite regulation in Chinese law nowadays but we should obey the law which can be the balance of the social conflicts.Facing this problem,we should do some positive practice judicially first,so it is high time to establish regulations and standard of the indentification of surrogate parenthood.Theoretically,there are four kinds of theories about the indentification of surrogate parenthood---Childbirth,Blood Relationship,Meaning and Children's Best Interests.Every theories has its positive values by analyzing it.However,the theory of the best profit for children has its superiority in practice than the other three.Simultaneously,I conclude three patterns of some countries and regions about the indentification of surrogate parenthood---adoption,contract and legal patterns.The common point is each of them is aiming at satisfying the needs of society and have similar functions in practice.The difference is the technique of the law and they both put “The Best Interests of Children” as their fundamental concepts.Making the proporate needs come true under the intervention of the public power to solve the problem of the indentification of surrogate parenthood authentically.According to the analysis above,this article suggests radicating “The Best Interests of Children Principle” as the fundamental of our country's the indentification of surrogate parenthood.Based on that,write the standard of the indentification of surrogate parenthood.In sociology,the willingness of both sides to raise the child,the child's need for surroundings and emotion,as well as the completeness of the family itself,are supposed to be considered.Second,according to the law,transfer the international agreement into domestic law to make the regulations applicable and use legal interpretation method in a specific case.At the same time,establish the case law system to restrict the judge's discretionary power.Provide a system with sociology and the law combined,offer the solution for the the indentification of surrogate parenthood.