Study On Custody Of Surrogate Children

Surrogate reproduction technology rapid development,makes the traditional family law about custody guardianship relations and rules of attribution of shocks and challenges,and cannot solve the guardianship determination of surrogate birth,special and complex problems.In judicial practice,the judgement about a surrogate child custody disputes fairly chaotic,surrogate imbalance in the parties legitimate rights and interests protection,a lot of negative effects,adverse effects on the judicial authority.This paper mainly uses the comparative research method,the inductive analysis method,the literature research method,the empirical research method,the case analysis method to write this article content.This article is divided into four chapters,chapter one surrogate child custody cases in the judicial practice of our country made a comb,and analysis points out the problems in China's courts in handling such cases:the machine used for determining child custody agreement;Judicial determination is inconsistent,the referee lacks uniform rules;Ignoring the protection of the interests of children with minor surrogacy;The settlement of the case neglects the social effect.Chapter ii to the traditional way under the birth of child custody and surrogate birth child custody under the comparison analysis,think that the main body of a surrogate custody of the children involved in more complex,and can't completely apply traditional fertility under custody of children.The third chapter makes a comparative analysis of the four theories of the custody of the surrogate children,and believes that the four theories have advantages and disadvantages.Secondly,this paper makes a comparative analysis of the legislation cases of relevant countries and points out the reference points for reference.The fourth chapter is the focus of this paper.The author believes that different rules should be applied to children born under different surrogacy.In full surrogacy,the rules of gene expression should be preferred.In local surrogacy,the rules of the best interests of children should be given priority.In sperm donation,egg donation and embryo surrogacy,the rules of birth control should be given priority.