A Study On The Recognition Of Parentage Of Cross-border Surrogacy

In recent years,the Hague Conference on Private International Law has convened a series of international private law experts and scholars to study the problems related to transnational surrogacy.In recent years,the international private law conference has been convened in recent years.I will limit the scope of the study in the transnational surrogacy parent-child relationship after the recognition of the receiving country on the issue.The main reasons for this limitation are as follows: First,the problems of cross-border surrogacy involving jurisdiction,legal application,guardianship,legal parents' identity confirmation and so on can not be discussed.(Including the husband and wife,the same sex partner,etc.)because of the domestic prohibition of all forms of surrogacy activities,many "hard to find a child" spouse(including couples,same-sex partners,etc.)Situation)to go overseas to seek surrogacy and then in the country of birth to obtain parent-child relationship that,and then try to return to China to support the growth of children.China must face the question of whether or not to recognize the parent-child relationship made by foreign countries.Especially in the domestic prohibition of surrogate under the premise of whether to be recognized,for what reason to refuse to recognize are placed in front of China's problems.Some of the current foreign practice is worth learning from China.This paper is divided into three chapters.The first chapter is an overview of transnational surrogate parent-child relationship.This paper introduces the concept and type of transnational surrogate,and then expounds the connotation of transnational surrogate parent-child relationship and the legal significance of its cognition,and combs the basis and practice of the theory of transnational surrogate parent-child relationship.Through the introduction of this chapter,mainly for the follow-up discussion for the knowledge of the bedding and combing.The second chapter is about the theory and practice of recognition of the relationship between parent and child.It is the three reasons that the receiving country refuses to recognize the parent-child relationship in the country of birth,mainly including the law circumvention,the retention of public order and the recognition of the parent-child relationship.And then analyzes the rationality analysis of the relationship between the best interests of the children and the public order in the field of transnational surrogate parent-child relationship,and points out the "best interests of the children" in combination with the latest case in the field.Principle "is becoming an important basis for recognition of transnational surrogate parent-child relationship.The third chapter discussed an effective solution to the path of recognition and its enlightenment to China.I have put forward the way to formulate relevant treaties in order to solve the difficult problems of recognition.As countries have different attitudes towards surrogacy,they can be completed in three stages according to the "bilateral treaties","recognition of the Convention" and "rules of unified conflict of laws".For China,the Hague should study the issue of cross-country surrogacy as an opportunity to actively participate in the study and negotiation of relevant treaties,in the judicial decision to establish the " Best Interest Protection for Children" as the first principle of the conditional recognition of cross-border surrogacy.