Legal Identification Of The Parentage In Surrogacy

As the newest assisted reproductive technology,the technological advances bring about ethical disputing and the confusion in the identification of parentage.Although many countries,including China,prohibit surrogate,the subsurface that surrogate market has been carried out quietly,and the problem of parentage identification is realistic and urgent to be solved.Only by establishing the theory and system of the determination of parentage,the rights and obligations of the parties involved in the surrogacies can be clearly defined,and the rights and interests of the surrogacy children can be effectively guaranteed.In addition to the introduction and epilogue,this thesis consists of four parts.The first part reviews the concepts,types of surrogacy,and the four theories of parentage in surrogacy(including the theoty that the fact of delivery deciding motherhood,the thoery of genetic connection,childbearing intention doctrine and the principle of the best interests of children,)and proposes: surrogacy refers to the conduct of a fertile woman getting pregnant with assisted reproductive technology after reaching an agreement with other people and give the child to them after childbirth;the types of surrogacy are divided into gestational surrogacy vs.genetic surrogacy,commercial surrogacy vs.altruistic surrogacy,medically surrogate and non-medical surrogacy from different perspectives;each theory of parentage in surrogacy has its own advantages and disadvantages,and it is more suitable for China to use the genetic connection to determine parentage in surrogacy,and to exclude the germ cell donor's parental rights using the childbearing intention doctrine.The second part analyses the current situation of legal identification of parentage in surrogacy in China.On the legislative level,this problem is still in the state of legislative blank.At the judicial level,typical cases involed are selected and analysed,and the principle of identificating the parentage in surrogacy in China has been summarized almost the same as the identificating the parentage in natural reproduction: the identification of mothers is based on childbirth;the identification of fathers is based on consanguinity,but the unknowing side and sperm donors are excluded.In the third part,this thesis selects some typical representatives of the countries and regions which prohibit surrogacy,limitedly allow surrogacy or nearly completely allow surrogacy,and discusses and contrasts the legislative practice of determining the parentage in surrogacy among them,and sums up opetations which should be drawn lessons from by China.The fourth part is about the suggestion for the future legal system of parentage in surrogacy.according to the current situation and traditional ethics of China,the point of view that China allow gestational surrogacy except the situation that the sperms and eggs all come from people outside the client.The rule for the identificating the parentage in surrogacy is also put forward: the same standard should been adopted both for the identity of the mother and the identity of the father.Consanguinity,but excludes germ cell donors as parents.This principle is proposed because the unique role of genetic material in fertility,and that it embodies the equal importance of the genetic material contributing from men and women,and is in good agreement with the ethics of China.