The Comment On A Dispute Case About Custody Of Surrogate Children

Surrogacy is the pregnancy service for someone who don’t want to or can not procreate.Surrogacy has been banned in China because of its strong impact on traditional human relations opinion and the current legal system.Although surrogacy is prohibited,because of the huge market demand,surrogacy has never stopped,there are still a lot of surrogate children born each year,and the civil disputes caused by surrogacy has become more frequent.This paper selects the case of Luo XX,Xie XX and Chen’s custody dispute in Shanghai in December 2014.It focuses on the three controversial points in this case,whether mother-child relationship of Chen XX and surrogate children can be tenable,striving for custody of children,and whether the judgment from the court of first instance was out of legal action range,and whether Luo XX,Xie XX can be the subject of litigation qualification.On the issue of determining the parentage of surrogate children,the author believes that,although Chen has obtained her children by surrogacy,it can not deny the fact that she does not have a parent-child relationship with the surrogate children.And it is viable through Step-parent relationship to referee.For the right of guardianship,in the case that both the plaintiff and the defendant have the right of guardianship under the provisions of the law.It is not only to maintain the stability of the law,but also to realize the dispute of the case,with the principle of "children’ best interests" as the core spirit.The innovation of this paper lies in the selection of typical and significant cases,starting from the case and analyzing it according to the court decision.In previous studies,most were pure researches,little considered the feasibility of the theory in practice.And this paper mainly discusses the basis and ideas in the course of the trial of the two trial courtes,which provides feasible suggestions for such cases to get good treatment in practice.