Research On The Parent-child Relationship In Surrogacy

Under the backgroung that surrogacy is illegal,a variety of disputes caused by surrogacy need to be properly resolved.Among them,the disputes about parent-child relationship,both impacting the traditional areas of civil law and being followed by by people.This paper chooses three kinds of cases which have attracted wide attention in recent years,and analyzes the new legal problems such as the interests of the surrogate mothers,the interests of the non-blood(father)mother who entrust surrogate mothers and the relatives' rights.This paper analyzes the cultural phenomenon of parent-child relationship behind the legal system of parent-child law in the legal history,taking the traditional "blood doctrine" and the modern "principle of the best interests of minors" as the starting point,and making some theoretical exploration on the above three problems.The text is divided into three chapters:The first chapter gives three cases,introducing the problems caused by surrogacy in judicial practice.These problems involve the legal status of the surrogate mother,the legal status of the non-blood(father)mother who entrust surrogate mothers,and the legal status of the grandparents.The second chapter focuses on the legal culture of parent-child relationship behind the civil legal system.First,the parent-child relationship in the civil law.In modern times,the basic idea of civil law has changed,the law adjust the original parent-child relationship which is "home-based",and forming the parent-child relationship civil law sense.The legal culture behind the parent-child relationship in the civil law is the pursuit of equality and the protection of the weak.The emergence of the principle of the best intersets of minors is also compatible with such values.Second,parent-child relationship in the social sense.It is not fully consistent with the parent-child relationship in civil law.The culture behind it is blood doctrine.Ancient Chinese and medieval Rome's parent-child relationship is essentially social parent-child relationship.Embodied in: the main body of parent-child relationship includes relatives outside the parents.The content does not emphasize the equal status of parents and children,but forming a specific order based on blood relation.The blood is also the basis to identify parent-child relationship,which making the blood doctrine have far-reaching legal support.Although the principle of the best intersts of minors is more in line with the value orientation of the current civil law,it can balance the interests of all parties,ensuring that the rights and interests of minors be protected to the greatest degree,and maintaining social stability and harmony,but the culture behind blood doctrine should not be ignored,blood is the basis of building the family,blood relatives will not be cut off.Therefore,the blood doctrine and the principle of the best interests of minors should be used together as a solution to the disputes caused by surrogacy.When dealing disputes caused by surrogacy,not only we should take care of the best interests of minors,but also we should protect the intersts of surrogate mothers and relatives based on blood doctrine.In the third chapter,based on the above analysis of the cultural significance of parent-child relationship,the article puts forward the judicial opinions on solving various disputes about the surrogate mother and child.On this basis,the article puts forward some legislative suggestions on surrogate society.The article gives the judicial treatment views as following: first,starting from the blood side,we can not completely ignore the interests of surrogate mothers.Based on the fact about surrogacy,we should give the mother the rights to claim necessary cost,the rihgt to visit,and the right to deny so that we can protect the legitimate interests of surrogate mothers.Second,based on the principle of best interests of minors,we should give the the legal status of the non-blood(father)mother who entrust surrogate mothers a certain legal status,that is,when the blood(father)mother can not give the custody of minors,the non-blood(father)mother who entrust surrogate mothers can exercises the right of caring the minor child.Third,starting from the standpoint of blood doctrine,in the case of the death of the parent of surrogate embryo,other prospective immediate blood relatives of the surrogate embryo can be given the same legal status as the parent of the embryo.The existing parent-child disputes provides the legislative revelation for surrogate legislation: we need to establish a sound system to solve the issue of surrogacy;we should take the best interests of minors and blood relations as the guiding principle during the process of designing the system;Because surrogacy is related to human beings,the fundamental problem can not only rely on the legal system of civil law to regulate,it also needs the administrative norms to adjust.