A Study On The Identification Of Parentage Under Surrogacy

In the 21 st century,the artificial assisted reproductive technology has become more and more mature.More and more families with various restrictions to conceive children began using the surrogate to realize their dreams to become parents.However,the surrogate is suffering from controversy,because it breaks the traditional ethics.In terms of reproductive technology,artificial insemination into the uterus and fertility sexual reproduction has already become quite mature.It is a good news for the people who are struggling to have a child.While at the same time,the problems of protection of the surrogate mother personality interests and embryo protection have arisen,which strikes the traditional human rights to life and human dignity,ethics,morality,origin and legal basic values.Therefore,lots of countries still have not admitted the legitimacy of surrogate.And also in our country,the surrogate technology also have not disappeared.The application of it in "black market" which has caused many disputes.For example,the Shen xinnan and Liu Jinfa's embryonic inheritance disputes cases in 2013.A dead couple's disputes case of the surrogate of frozen embryos in Wu xi,2014.The first case of the surrogate twins custody in 2016 and so on,which makes the surrogate appear into everyone's vision again.Therefore,how to view this situation correctly is of great necessity in modern society and it is also the necessary processes to solve the extension problems.The article mainly draws relevant social problems through the surrogate twins custody case in 2016,and to analyze,generalize and summary the problem.The article summarizes and proposes solutions from the aspects of demand and development of the society.This paper is mainly divided into three parts.In the first part,it is a case of a pair of children with three mothers.The analysis of problems emerges in the society today in the event of surrogacy.The issue is: a son with three mothers,who is the real mother? And how to identify the real mother?In the second part,the author analyzes and summarize the behavior of surrogate from different angles in ethics,reproductive rights,and body right.The experience from the legislative development of countries surrogacy is based on China's basic national conditions,suitable for reference.In the third part,the author identifies the real mother is the traditional generative mother.The transition to the new reproductive mode surrogacy acts like "rampage" in twenty-first Century.Through four kinds of theories on identification of surrogacy children paternity,the author inducts,summaries and analyzes that the mother of the child should be the surrogate mother.And some suggestions on the legislation on surrogacy regulation has been put forward.Both parties,surrogacy rights and obligations,legal consequences are planned in detail.