A Study On The Identification Of The Parentage Of The Cross-border Surrogacy

The ancient idea of procreation and intergenerational transmission is not only ingrained in Chinese society,but most people in any country in the world will uphold this concept of human relations.Under the family structure of modern society,children are indispensable,children are the hope of the family,the foundation of society,the future of the country.But now in the pace of social life,increasingly heavy pressure to survive,the environment increasingly bad situation,many families of couples because of infertility symptoms can not raise their children.This period,including same-sex marriage,single people and other new forms of marriage,more and more people began to seek in addition to the traditional reproductive methods of IVF,surrogacy and other human assisted reproductive technology,hoping to achieve the desire to raise children.Surrogate behavior as the main alternative is not a new term,since ancient times in Babylon,the emergence of natural surrogacy,it has developed to a paid commercial surrogacy situation.Since the eighties or nineties of the 20 th century,the world's communication and communication in the trend of global integration has become increasingly frequent.It is also known that there are great differences in attitudes and legal provisions on surrogacy in different countries,and in practice many prospective parents go to other countries to realize the desire to raise their children through surrogacy activities,and the word "cross-border surrogacy" comes along.That is,the transnational surrogate pregnancy is a dynamic process,in which the intention of parents across the region to seek surrogacy behavior on the one hand to meet their needs,on the other hand,in different countries under the legal provisions of the breeding of a lot of practical problems.This article mainly uses the comparative analysis,the case study method from shallow and in the state of the Transnational surrogacy relations basic theory,the legal conflict and the application,the parent-child relations cognizance predicament and the solution suggestion and so on.Specifically,the main contents of the four chapters covered in this article are as follows:The first chapter "Introduction" starts from the topic background,unifies focus case of the recognition of parent-child relationship in international surrogacy,from shallow and deeply elaborated(transnational)surrogate pregnancy's origin,the development and the current urgent problem which needs to solve.Then it expounds the significance of the research on the identification of parent-child relationship in the cross-national surrogacy theory and practice.In particular,we emphasize the negative attitude of surrogate pregnancy in our country,and the present situation of the development of transnational surrogate pregnancy in reality.Finally,this paper puts forward the innovation on the identification of parent-child relationship of transnational surrogacy.Chapter Two,"An overview of the identification of parent-child relationship in Cross-border surrogacy" begins with the definition of(transnational)surrogate pregnancy concept and the controversy,a more in-depth discussion of the legal necessity and the general principles involved in the paternity relationship.The concept of surrogacy is simple,that is,the reproductive capacity of women to accept the commission for those who need children to raise,"Cross-border surrogacy" factors are mainly geographical impact.Clarifying the problem of determining the parentage of the transnational surrogacy,the most important thing is to protect the rights and interests of the parties concerned(surrogate children,prospective parents,surrogate mothers,etc.),and to safeguard the public interest of the society,which is also the general principle to be followed in the determination of paternity.The third chapter,"Legal conflict and its application in the determination of parentage in cross-national surrogacy" based on the theory of law conflict and application in the international private law,the author analyzes the conflict and the application of law in the field of entity law,jurisdiction stipulation,judgment recognition and enforcement.This article begins with the demonstration of substantive law norms in different countries,that is,the attitude of surrogate pregnancy can be divided into three kinds of total prohibition,limited opening and fully permissible surrogate pregnancy,and then combine the cases in different countries,discuss the important issues of paternity-related relationship,clarify the conflict of jurisdiction.The extraterritorial effect of judgment and the application of law are advantageous to solve the problem of determining the parent-child relationship of the Cross-border surrogacy from the source,so as to facilitate the parties to choose more favorable laws to protect their own rights and interests,and to promote the formation of a preliminary mechanism for settling disputes.The fourth chapter "Legal practice and path exploration on the identification of parent-child relationship in the Cross-border surrogacy",it analyzes the present situation and problems of the identification of parent-child relationship in tne Cross-border surrogacy from two angles.Accordingly,the article puts forward some suggestions on the settlement of the international community and our country.With the development of the international surrogacy,many new problems need to be solved,to get out of the predicament,we must cooperate with the whole world and explore the new way to deal with the identification of the parent-child relationship from the aspects of legislation.The interests of all parties,especially children,should not be overlooked during this period.