Application Of Laws In The Cross-border Surrogacy Arrangement And The Recognition And Enforcement Of Its Judgment

Surrogacy has changed the traditional way of fertility,people's traditional concept of fertility and ethics,moral and legal.Whether the law allows or not,surrogate has become a national social phenomenon which cannot ignore.Under the background of closer contact in the countries all over the world,cross-border surrogate become more and more popular in the form of a half underground,unofficial throughout the world,which caused wide public concern from many countries,child protection organization and the HCCH.On the one hand,in the traditional parent-child relationship area party autonomy is prohibited.On the other hand,infertility is arguing a strong appeal to their reproductive rights.Countries in the face of international surrogacy agreement often present different legislative attitude,which make many legal conflicts in this area.Without international uniform substantive law rules,countries can only rely on their own conflict rules to deal with cross-border surrogate dispute.This paper wants to clarify the problem about how to establish its jurisdiction and applicable law,and how to get the recognition and enforcement in the receiving countries about the parent-child relationship decision.This paper divides into five parts,the specific content is as follows:Chapter one introduce related concepts about the surrogate,surrogate agreement,and the jurisdiction of the surrogate cases.Then introduced the conflict of laws,which contains two aspects:one question is the effectiveness of the cross-border surrogate agreement and it's enforcement powers,another question is how to establish the court's jurisdiction and how to choose the appropriate connecting factors.Chapter two put forward some methods to solving the problem.First of all,discusses the motherhood/surrogate project about the HCCH,and the influence of ECtHR's judgment for its member country.Then because of lacking international treaties in this area,to deal with related disputes more effectively and expediently,the author used the segmentation theory to discuss the contract issue and parentage issue respectively.Chapter three research the issues about the recognition of foreign court's parent-child relationship judgment.First introduce the public documents which intention parent can obtain a legal parent identity.Then introduces several reasons which receiving country will used to refuse recognition its judgment,the most important is the principle of reservation of public order was quoted as saying.Finally,discuss that public order should give way to the children's best interests from the perspective of theory and practice.Chapter four introduce two problems in execution which court often faced,children's delivery problem and the calculation problem of surrogate mother's reasonable costs.There are two common ways court can used to perform a consortium,adoption and a court order.Reasonable costs concerns the nature of a surrogate agreement,then determine it can be accepted by a country's law or not.Finally,the paper introduces the legislation and judicial practice in China,on the basis of summarizing the full text,the applicable law for the handling of the cross-border surrogate cases by the people's court,the recognition and enforcement problems are proposed.