Research On The Cognizance Of The Guardianship Of The Surrogate Children In China

Surrogacy is a means of achieving childbirth for women with infertility.Although it is legally banned,it has been repeated in real life.The consequences of illegal surrogacy are the birth of life.Regardless of the attitude and legal evaluation of surrogacy,minors should be protected indiscriminately.Due to the fact that the surrogacy artificially separates the process of conception,pregnancy,childbirth,and support in natural fertility,a more complex natural parent-child relationship is formed,resulting in the continuous emergence of disputes over the ownership of surrogate children in recent years,and the attribution of custody of surrogate children.We urgently need to regulate the law to protect the interests of minors.In practice,the confirmation of custody ownership of surrogate children often has the following problems: the confirmation of custody ownership of surrogate children is subject to the validity of the surrogacy protocol,the imposition of the proscribed parent's special custody of the surrogate child,and the duality of custody rights.The structure cannot guarantee the relevant interests of minors under special circumstances of surrogacy.The existence of these problems has led to surrogate children in unstable family relationships or in the predicament of unsupervised care,which is detrimental to the physical and mental protection of minors.Through the analysis of existing issues and related cases,it is not difficult to find that the protection of minors in China's custody of surrogate children is rather weak.Based on the actual social conditions in China,the attribution of custody of surrogate children should be resolved through the following methods: In principle,it should be clearly guided by the principle of the best interests of the minor in the trial of all custody cases.,supplemented by childbirth protection.In the specific approach,first of all,it should be clear that the attribution of the custody of surrogate children should not be affected by the validity of the surrogacy protocol.When the surrogacy protocol is valid,the custody rights agreed in the agreement may not be enforceable.When the surrogacy protocol is invalid,it does not The attribution of custody rights for surrogate children must be the opposite of what was agreed in the agreement.Second,relevant regulations in the Adoption Law should be improved to guide the custody of surrogacy children and entrusted mothers.Finally,in special cases Next,in order to protect the minors from good guardianship,the custody of surrogate children can break through the traditional dual structure and establish multiple ownership of guardianship rights...