Legal Parentage Issues Arising From Cross-border Surrogacy

Transnational surrogacy is the product of the rapid development of artificial reproductive technology,which produces a huge impact on the traditional parent-child relationship and related laws.Transnational surrogacy has brought a lot of problems,one of the most controversial is the cross-country pro-parent-child relationship identified.There is no international norms on transnational surrogacy and parent-child relationship,and our domestic legislation is also blank.Therefore,it is of great practical significance to study the problem of transnational surrogate parent-child relationship.Theoretical circles on the cross-surrogate that exists:delivery theory,gene theory,presumption of legitimacy,the child's best interests.In practice,the main practices of the country are mainly in the following three categories:first,to recognize the parentage relationship arising from cross-border surrogacy,by recognizing the foreign judgment establishing parentage,recognizing the foreign birth certificate,re-establishing according to the lex fori,The second refuse to recognize by the foreign decision is contrary to the public policy/order of the State of recognition or for the reason of fraude a la loi.Third,to take a compromise approach:intending parents through adoption,the country of birth,To accept the country's temporary documents to achieve the realization of parent-child relationship.The Hague Conference on Private International Law is committed to establishing a unified code of private international law on surrogacy,since there are differences between patterns and specific practices adopted by countries and the identification of transnational surrogate parent-child relationships.China should establish the legislation on the determination of parent-child relationship,appropriate open completely unpaid surrogate behavior.