Analysis On The Legal Problems Of Artificial Insemination By Donor

Since applying the technology of artificial insemination in China,there is no corresponding law to regulate these related issues for quite a long time,Until late 2001,the Measure for the Administration of the Assisted Reproductive Technology and the Measure for the Management of Human Sperm Bank were successively promulgated by Ministry of Health of PRC for guiding the artificial reproductive operation.What's more,there also hasn't any legal regulations on the status issue of children of artificial insemination,which is only continuing to use The Supreme People's Court On the Divorce after Artificial Insemination Children by the Reply that How to Determine the Legal Status(hereinafter referred to as the Reply)of 1991.Actually,artificial insemination has caused many social and even legal problems in practice,relying solely on the Reply has not meet the needs of reality obviously.Especially on the legal issues caused by AID(artificial insemination by donation),current legislation must face up to it urgently.This paper will take a case triggered by AID as a starting point,and strive to give writer's legal thinking on solving the relevant series issues.The paper is roughly divided into three parts:introduction,straight matter text and epilogue:The foreword preliminary introduce related laws of AID and the legal issues.Chapter one summarizes AID.First of all,introduced the concept of AID;Secondly,it analyzes the value conflict of AID.Chapter two begins to analyze the legal problems caused by AID,including the effects of AID on traditional parent-child relationship and the current situation and defects of legislation in China.Chapter three introduces comparative law research,including the United States,Britain and Hong Kong SAR as the representative of the Anglo-American legal system countries and regions,but also to Germany,Sweden and China Taiwan region as the representative of the civil law countries.This section Summed up the above countries and regions in AID of the advantages and disadvantages of legislation.Chapter four is the idea of perfecting the legislation of AID in China and also the mostimportant part of the paper.It tries to establish the principle of the interests of the minor children on the basis of the experience of the above-mentioned extraterritorial experience and the practice of our country,standardize the rules of father's determination,and allow the husband to conditionally deny the complaint.To give independent legal status to the children and to limit the use of paternity testing in AID.