Study On Identification Of The Parent-child Relationship In Surrogacy

With the rapid development of reproductive technology and the increasing number of infidelities,surrogacy,as a whole new artificial assistant reproduction technique,was born and had spread around the world.Surrogacy can help infertile couples to achieve the dream of having children,but has a great impact on the traditional natural reproduction,may lead to social ethical issues easily and destroy the order of social public.As a result,it has been questioned and resisted by many people.In addition,various types of surrogacy lead to various types of gene sources,which gives a great impact on the determination of the relationship between parents and children in the traditional civil law,causes a lot of disputes and brings big challenges to courts to identify the relationship and sentence custody cases.In 2015,the first surrogate custody case in China has raised concerns about the surrogate problems.Therefore,it is urgent to solve the problems of the surrogate relationship between parents and children.This article has three parts,which includes introduction,main text and conclusion.The main text is divided into four chapters.The first chapter: the introduction of the case and the presentation of the problems.Firstly,this chapter introduces four relevant cases about surrogate problems,in order to demonstrate surrogacy can cause many social and legal problems.Surrogacy likes a double-edged sword.On the one hand,it can help infertile couples to solve the problem of having children,on the other hand,it is very easy to cause the issue of ethical and moral issues.Secondly,through the analysis of four cases,this chapter summarizes the common issues,includes objective social problems,the definition of surrogacy,validity of a surrogate agreement and the surrogate relationship between parents and children.The second chapter: The basic problems of surrogacy.Firstly,according to the main characteristic of surrogacy,this chapter trys to make the complete definition of surrogacy.Secondly,this chapter discusses the background of surrogacy.The development of reproductive technology,the increasing number of infertile people,the expectation of gay for household,the aspiration of lost only-child old man for children and the escape of the pain of pregnancy and childbirth can cause the generation and development of the surrogacy.Thirdly,this chapter separates “borrow belly raw son” from “surrogacy”,in order to clarify the scope of this paper.Forthly,this chapter classifies the different kind of surrogacy so that this paper can study the surrogate relationship between parents and children in different types.Fifthly,this chapter analyzes the impact of surrogacy on the identification of traditional parent-child relationship.At last,according to present situation of legislation in our country,this chapter points out the defects in solving the problems of surrogacy.The third chapter: The legal regulation of surrogacy in foreign countries.On the one hand,this chapter discusses the different attitudes to surrogacy,roughly can be divided into totally forbidden attitude,prohibition of payment surrogacy and fully recognized attitude.On the other hand,this chapter discusses and evaluates the surrogate relationship between parents and children in foreign countries.Generally speaking,“Childbirth”,“Contract”,“Blood” and “Most beneficial to children” are four identification standards.These four standards have advantages and disadvantages,but it has an important significance for our country to solve the problem of surrogacy.At the end,this chapter analyzes the significance of foreign legislation on surrogacy in china.The forth chapter: Solutions to the legislation of surrogacy in China.On the one hand,this chapter puts forward the suggestions on the relationship between the surrogate parents and children under the current legislation in China.On the other hand,in order to solve the other surrogate disputes in future,especially the identification of the relationship between parents and children,this chapter trys to give some suggestions on regulating the surrogacy in our country.