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Research On Several Private International Law Problems In The International Surrogacy Paternity Disputes

Posted on:2019-12-11Degree:MasterType:Thesis
Country:ChinaCandidate:J T ZhouFull Text:PDF
GTID:2416330566496181Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The development of artificial reproduction technology has changed people's traditional reproduction mode.Different countries all over the world have different responses.Some hold open attitude and some are opposed to it.The increase of market demand and different policies of different countries make international surrogacy become frequent,thus causing inevitable paternity litigation.Compared with general paternity disputes,the situation of international surrogate paternity disputes is more complicated.It involves not only the relevant system of private international law,but also domestic policies of a nation.This paper mainly probes into three problems,the determination of jurisdiction in international surrogate paternity disputes,the resolution of law conflicts,and the reservation of public order.This paper is divided into four chapters.The first chapter describes the basic theories of international surrogacy.It mainly introduces the concept of surrogacy,its development and current situation,expounds the main issues involved in surrogacy,analyzes the types of surrogacy and finally clarifies the concept of paternity in international surrogacy,thus laying the foundation for the later analysis.The second chapter focuses on the right of jurisdiction in the international surrogate paternity litigation.In this chapter,we will first comb the general rules of jurisdiction determination in the foreign paternity litigation,compare and analyze the legislative practice of the determination principles of various kinds of jurisdiction in various countries,comment the bright spots and defects in the regulations of various countries,apply them to the analysis and comment on the foreign surrogate paternity litigation of our country,and put forward thinking for the construction of the jurisdiction system in the foreign surrogate paternity litigation of our country.The third chapter mainly discusses the law conflict in international surrogate paternity disputes.In this part,the author first analyzes several different paternity determination theories causing the law conflict of paternity determination,discusses the problems that may be caused by law conflicts,further compares and analyzes the conflict norms in paternity determination,analyzes the strengths and shortcomings in dealing with international surrogacy cases,reviews the problems that the conflict norms may have in dealing with related cases and reasons,and puts forward some thoughts on the further improvement of the relevant legal system in our country.The fourth chapter mainly explores the public order problems in international surrogate pregnancy.This chapter firstly discusses and analyzes the influence of public order reservation on the paternity determination in international surrogacy,analyzes and explores the application of public order reservation system in judicial practice and the possible problems through the analysis of the cases of several foreign courts,and puts forward some thoughts on the application of the public order reservation system in the judicial practice in our country.
Keywords/Search Tags:International surrogacy, Jurisdiction rules, Conflict rules, Reservation of public order
PDF Full Text Request
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