Study On The Identification Of Surrogate Parent-child Relationship

Family stability is the foundation of social happiness and harmony and the child is the core of the family.Due to many factors,some families can not have their own children through natural reproduction.With the development of medical technology,surrogacy,as a new form of artificial assisted reproduction,has brought hope to many infertile families.Surrogacy surpasses the original mode of natural reproduction and inflicts a certain impact on the traditional identification of parent-child relationship.Throughout the world,many countries(regions)do not recognize the legitimacy of surrogacy.This does not hinder the continuous development of surrogacy in the "underground".If you search"surrogacy"on the main websites,you will find many surrogate websites.It means that surrogacy develops quickly and forms a certain scale of industrial chain.The consequent legal problems follow and how to identify parent-child relationship under surrogacy is one of them.Except the introduction,this article is divided into four parts:The first part is about surrogate definition and classification.If one wants to clarify the complex relationship in the surrogacy,the first step is to know the meaning and nature of surrogacy.Then the author introduces two principles of identification of traditional parent-child relationship-natural blood relationship and fictional blood relationship.Then the author analyzes how surrogacy affects the identification of traditional parent-child relationship.The second part introduces typical countries(regions)of the Anglo-American legal system and the civil law system by means of comparative analysis,such as the legislation and practice in Britain,the United States,Germany,France,Japanand Taiwan.The advanced legislation models abroad and the actual condition in our country lay the foundation for the next explorationof the new rules for the identification of parent-child relationship in our country.The third part introduces the current condition of legislation and judicial practice in our country.The author also introduces the four mainstream theories-blood theory,best interests of child theory,agreement theory and birth theory.The author thinks that"conditional agreement theory" is reasonable.The fourth part explores how to identify the parent-child relationship in our country.First of all,establish the basic principles of the identification of parent-child relationship.According to the provision of germ cells and whether the couple agree to surrogate,specific identification of parent-child relationship in the surrogacy is divided into different situations.Finally,the author puts forward her own views on how to regulate surrogacy.