On The Legal Relationship Of "Surrogacy"

For a long time,IVF has become an effective way to save infertile people due to age and physiological factors.Therefore,in our country,IVF technology is the focus of attention,but neglected the resulting surrogacy.The concept of surrogacy is not the same across the various countries,and surrogacy is prohibited in our country,because the prohibition of surrogacy,there have been more underground illegal surrogacy phenomenon.Compared with the benefits brought by surrogacy to human beings,a series of problems caused by surrogacy also deserve our consideration and discussion.Although there are a number of relevant legislation on IVF in our country,there is generally no mention of surrogacy and no solution to the practical problems caused by surrogacy.No special section has been set up to systematically conduct surrogacy prevention and child protection Provisions.As a result,it is particularly important to perfect the relevant technical regulations on artificial assisted reproductive techniques and establish a comprehensive child protection system to safeguard the interests of surrogate children and promote social harmony in the family.In this paper,we choose the custody disputes caused by surrogacy in our country as a typical case.First,we clarify the focus of case controversy,and analyze custody rights of surrogate children.We also clarify the legal nature of surrogacy practices,including the confirmation of kinship and the reference to the principle of the best interests of the child,As well as prevent the commercialization of surrogacy analysis.Surrogate children in the whole process of surrogacy is a link between the role of surrogate mother,biological mother and sociological mother,we have to analyze the rights and obligations of the three subjects;finally discuss the possibility of surrogate legalization,to promote gestational surrogacy,The regulation of surrogacy in practice,the reflection and reconstruction of surrogacy legalization.To explore the protection of the rights of surrogate and egg donors,and make recommendations;learn from the rules and implementation of surrogacy,improve and perfect the relevant legislation and specific system,and then solve the legal issues in surrogacy.