Protection Of Children's Rights In Transnational Surrogacy

The issue of surrogacy has caused great controversy all over the world,and has formed a problem in moral,social and legal fields.As for surrogacy in the world,there is a great difference in the legislation of this country.Because of this,the wishes of parents from all over the world came to the more relaxed state of justice to employ surrogate mothers to give birth to their children,but the differences in the legality of surrogacy,the difference between the criteria for the determination of surrogate parentage lead to the emergence of children's nationality status in the transnational surrogacy.As a vulnerable group in human society,children's rights and interests should be specially protected by law.This paper focuses on the most prominent and core rights of children's rights in the transnational surrogacy--the right of children to have legal nationality status,based on the problem of statelessness of children in the current transnational surrogacy,this paper explores the emergence and causes of this problem,and at the same time,according to various specific cases and judicial considerations of the court to deal with the problem,In the light of the court's flexible application of the principle of the best interests of the child,the best way to protect the rights of children,the most vulnerable in transnational surrogacy,is to be better protected.The first part of the article is about the emergence of the problem of statelessness of children in cross-country surrogacy,the author expounds the concept of transnational surrogate pregnancy,and through Baby Manji case,puts forward the problem of nationality status faced by children.The second part is the cause of the problem of statelessness of children in the transnational surrogate pregnancy,and the author analyzes the causes of the problem is divided into two aspects,namely,the difference between the legitimacy of surrogacy and paternity of surrogate pregnancy.The third part of the article is to guarantee the international unification legislation and the domestic judicial practice which the surrogate child has nationality status,the author discusses the existing international unification legislation and the domestic judicial practice how to protect the surrogate children and protect their nationality status through the international and domestic two levels respectively.The fourth part of the article is to protect the surrogate child to have the nationality identity the solution path exploration,the author has proposed to the domestic court to deal with this question two paths,namely through the reasonable restriction public policy application and the nimble use child best benefit principle.The fifth part of the article is to guarantee the legal regulation of the nationality Status of surrogate children in our country,judicial practice and legislative suggestion,the author put forward some ideas and suggestions after combining our country's legislative regulation and judicial practice,in order to make a modest effort for our country to better deal with surrogate children's nationality status problem.