The Legal Analysis Of Surrogate Child Custody Case Chen Ying V. Luo Ronggeng

As the first case of surrogate child's guardianship in china,all the people payed attention on Chen Ying v.Luo Ronggeng.The Ministry of Health has announced that it is not allowed to surrogate,but there is a "pregnancy market" and a pregnancy commercial link in reality.There is no rules to control it.However,We can not ignore the existence of the surrogate child.The children represent the future of a country.It is very important to letting the children grow healthy for a country.To loving the children is the nature part and the sweet part in human's moral civilization.But it is always hard to do it well to protect the child's rights.Now there is no the principle of the best interest of the child which is the most important part to protecting the children in Chinese law.As the special part of the children,Surrogate child's guardianship case in a more complicated situation.The author analyzed Cheng Ying V.Luo Ronggeng case.It is important to discuss the behavior of ChengYing to getting the children though the pregnancy mom,It is illegal or not;What kind of legal relationship between Chen Ying and surrogate two children;Does the State party to the Convention on the Rights of the Child,without introducing the principle of the best interests of the child,can use the principle of the best interests of the child as a direct basis for the determination of the custody of the surrogate child.Through the analysis of the above problems,this paper discusses the controversial focus of this article,this article on China's current legislation on the emergence of legislation on the emergence of recommendations;on the legal status of childbearing children to determine the legislative standards to discuss the proposed introduction of the principle of the best interests of children,And mainly through legislative and judicial aspects of the two recommendations.Hope that through the study of this article can protect the interests of children.