Research On The Rules For The Identification Of Parent-child Relationship In The Birth Of A Surrogate Child In China

Surrogacy refers to fertile women with assisted reproductive technology for pregnancy and childbirth of others behavior.The parent-child relationship on the legal relationship between parents and children.The study of parent-child relationship in surrogacy disputes rules is to prescribe the solution for surrogacy causes the legal parents system problems.Human assisted reproductive technology management measures > on surrogacy is enough to show that our legislation attitude prohibits surrogacy,surrogacy illegal in the background,there are many illegal surrogacy in reality,many people through a surrogate child."Fertility" surrogate births after birth,the identity of many disputes,including parent-child relationship between On the most prominent.Although surrogacy is illegal,but illegal surrogacy "results"--the birth but cannot be ignored,instead of surrogate births as a natural person,should be protected by law.The legal protection of their first step is to identify their parents to carry on the legal custody,education.According to China's laws and regulations,including the parent-child relationship of parent-child relationship and family law.Because of the parent-child relationship,parent-child relationship belongs to the family of surrogate parentage.Before assisted reproductive technology,fertility is through natural conception and birth,the mother was born based on the legal fact that the father is in law,presumption of legitimacy formalism and true blood protection for the determination of the basis.After the intervention of human assisted reproductive technology,separation of labor and natural conception,the legal father of a party identified by blood real to the "principle of consent".Although the use of surrogate assisted reproductive technology,but the operation object is female,so A relationship that is morecomplicated.In judicial practice,due to China's identification of the children born surrogate identity relationship without clear rules,resulting in the referee case results generated confusion,protect the legitimate rights and interests of the parties imbalances and a series of negative effects.Therefore,clear surrogacy disputes in parent-child relationships that rule is particularly important.The theory about parent-child relationship that surrogacy disputes rules in four,respectively for the contract,blood,delivery and the best interests of the child said,each theory has its own advantages and disadvantages.In case analysis,comparative study analysis,empirical research analysis,find the most suitable surrogate in China's current stage of parentage identification determination of legal rules.From the perspective of the mother,to respect the legislative idea born birth objective facts and the best interests of the child the rules produced by the children 's legal surrogate mother,and the rules are explained and demonstrated the legitimacy of the rule by law.The mother identified the legal father rules determine the rules Based on presumption of legitimacy,disregard regulations,combined with the presumption of legitimacy of formalism and true blood balance,the legislation idea of the best interests of the child to determine the rules of surrogate births legal father,and the rules of the contents to explain and demonstrate.