Research On The Issues Involved In Cross-border Surrogacy Under The Perspective Of Private International Law

Human assisted reproduction technology was developed from human in vitro fertilization(IVF)-embryo transfer(IVF)technology by(ART),but it has been controversial all over the world.With the development of the surrogate market,cross-border surrogacy is gradually becoming popular in the surrogate market,because cross-border surrogacy is an unofficial form of surrogacy,and often semi-underground.As a result,a series of problems have also aroused the attention of governments and international organizations.On the issue of cross-border surrogacy,the attitudes of governments vary greatly,so there is no uniform standard for the protection of the rights and interests of all parties to cross-border surrogacy,so the cross-border surrogacy exists because there is no uniform standard for the protection of the rights and interests of all parties to cross-border surrogacy.There are many problems to be solved.According to the relevant data,we have found that there are many cross-border pregnancy conditions in our country,and there are no clear laws and regulations applicable to cross-border pregnancy-related matters in our country,which is also a difficult problem in our country's judicial practice.How to solve this problem mainly lies in whether the courts of all countries can objectively examine the question of the surrogate,and whether to attach importance to the particularity of the case,that is.when the court treats the problem of cross-border pregnancy.it is necessary to pay attention to the actual situation of the case and to set out from the angle of protecting the interests of the parties,The principle of the protection of the interests of the child should be given priority.in addition to the legislative aspects applicable to the law.To perfect the contract of cross-border pregnancy.we should improve the conflict norm of the related parentage,and actively participate in the development of the norms of the international private international law,so as to construct a scientific and reasonable mechanism to solve the cross-border pregnancy dispute,so as to better solve the disputes and contradictions arising from the cross-border pregnancy.In addition to the above measures,the court should limit the scope of application of the public order system,and the government and the educational institution may set up a research institute for surrogate and moral law to establish a special trial for surrogate-generation medical institutions,so as to construct a reasonable and standardized surrogate system.The problems of private international law based on cross-border pregnancy are much more relevant,which involve the legal,political,economic,national system and medical system.From the perspective of private international law,this paper mainly analyzes the difficulties faced by cross-border surrogacy,and discusses the related surrogacy problems which are controversial at present.The first part introduces the concept,characteristics and classification of cross-border surrogacy.The second part summarizes the conflicts in cross-border surrogacy through the attitude of countries to surrogacy,mainly about the conflict of surrogate agreement and paternity.The third part mainly deals with the problems existing in the judicial practice of cross-border surrogacy,including domestic legislation and international impulse on cross-border surrogacy.The lack of specific legal provisions,the lack of parental rights in cross-border surrogacy,insufficient protection for surrogacy,and the excessive application of the principle of public order and good customs in judicial practice;Finally,the author puts forward the idea of solving the problem of private international law concerning cross-border surrogacv in China.First of all,the adjustment of the conflict norms,the adjustment of the contract items in cross-border surrogacy and the conflict norms of the determination of parent-child relations.At the same time,actively participate in the formulation of uniform norms of private international law;On this basis,we should strictly restrict the use of the public order retention system in judicial practice,introduce the theory of "transnational public order",and "the public order is closely related".To the extent,"the objective result of the "and public order""is said,and finally,it is proposed to reconstruct the conception of the surrogacy system of our country,to set up the institute for surrogate and moral law and to construct a reasonable and standardized surrogate system.