Research On Applicable Law Of Identification Of Cross-border Surrogate Parent

The development of transnational surrogacy has caused a great impact on the existing legal systems of various countries,and has also led to a series of problems in international law.The most important is the identification of the surrogate.If the paternity of the surrogate can not be confirmed.The seriousness and complexity of the problem gave rise to the Hague Conference on Private International Law and the governments of all countries.So what kind of law should be applied to determine the specific rights and obligations of the parties and resolve the parent-child relationship is particularly important.The problem of transnational surrogate parent-child identification will be affected by domestic politics,culture and other factors.In addition,the conflict of laws is the inevitable result.The essay makes a research on the phenomenon,the main contents include:From the attitude of countries to the legality of surrogate,uncertainty in the validity and enforcement of the surrogate agreement,the standard of parental rights of surrogate three aspects of the conflict of legal rules.In the face of transnational surrogacy,the international community has not formed a unified substantive law to determine the parent-child relationship,so it is necessary to determine the applicable law through the rules of private international law.The determination of applicable law is divided into three steps: first,to solve the problem of jurisdiction;secondly,to identify,that is,to find and determine the conflict norms;finally,to select the system of reservation of public order.By using the methods of comparative study and case study,this paper puts forward some suggestions on the legislative gaps in the legal application of transnational surrogate parent-child relationship in China from the two aspects of the principles and rules of the application of the law.On the one hand,China should adhere to the principle of the best interests of the child and strictly restrict the principle of public order reservation system;On the other hand,China should perfect the applicable rules of the laws applicable to the determination of transnational surrogate parent-child relations:increasing the presumption and denial clause of parent-child relationship inforeign countries ? addition of jurisdictional provisions on transnational surrogacy disputes and adding applicable provisions of the law on transnational surrogate parent-child relations.Finally,it is necessary to take an active part in the formulation of international conventions and fully express their positions and attitudes,so that the convention can be used to solve the problem of the legal application of transnational surrogate parenthood in China.