The Primary Exploration About Judicial Solution Of Surrogacy Disputes

At present,surrogacy law has not yet been introduced in China.The Ministry of Health have declared the ban on surrogacy by administry regulations.However the infertility population increasing and the implementation of the second child policy,makes surrogate rise in demand.The market expand despite being banned.The baby's interests because of surrogate need legal protection.The court should hear the surrogate dispute based on the spirit of "shall not refuse to do the referee." and break through the plight of "unable to justice".The two crucial problems in surrogate dispute are the effectiveness of surrogate contract and the custody of surrogate child.Surrogate contract can't be adjusted by the "contract law" for involving the personal rights."The deliver as the mother," has always been followed as judical practice in our country,and surrogate does not conform to the legal adoption program.Thereforethe custody problem about the children born by surrogate is difficult to determine.In order to solve the surrogate dispute,we can distinguish the different terms of surrogate contract.For the custody dispute,we should review the raising ability of the parties reasonably,in accordance with the principle of child benefit maximization and genetic link,and evaluate the will of parties to raise surrogate children by analysis the surrogate contract content.In order to improve the acceptability of the referee,the reasons for judgment should be fully explained.In order to thoroughly solve the surrogate disputes,the parliament should speed up the process of legislation to guide the judicial practice.