A Study On The Legal Problems Of Surrogacy Parent-child Relationship

"Surrogacy" technology as a "derivative" of artificial assisted reproductive technology,on the one hand,to meet the aspirations of many infertile patients to raise their children,on the other hand,it also has a strong impact on China's traditional ethical order,family concept and parent-child relationship.In the midst of many problems caused by surrogacy,the law of our country explicitly prohibits any form of surrogacy and reproductive behavior,but the phenomenon of surrogacy is still repeated,and surrogate babies are still "produced".In view of this,through the collection,collation and analysis of relevant literatures both inside and outside the domain,this paper tries to study and discuss the legal problems of parent-child relationship under surrogacy,and finally thinks that we should have limited open surrogacy under the existing environment in our country,and constructs the system of surrogacy parent-child relationship in China on this basis.The content of this paper is divided into the following four parts:The first part is to introduce the basic content of surrogate parent-child relationship.This part mainly introduces the concept and classification of surrogacy,the rules of traditional parent-child relationship and the attitude of our country to surrogate pregnancy and its parent-child relationship.To solve the legal problem of surrogate parent-child relationship,first of all,we should fully understand the related concepts of surrogacy and parent-child relationship,the existing rules of parent-child relationship determination,and the regulatory environment of surrogacy in China.It is intended to lay the foundation for the following text on surrogate parent-child relations.The second part is the explanation of the dilemma of the paternity of surrogacy.This part shows the difficulties in determining surrogate parent-child relationship in China from three dimensions: legislative status,judicial status and theoretical controversy.When introducing the current legislative situation,the particularity of the surrogate parent-child relationship compared with the traditional parent-childrelationship is described in detail,so as to show that the identification of the surrogate parent-child relationship cannot be applied to the traditional rules of parent-child relationship identification.In order to reveal the definition of "surrogate" in judicial practice,this paper introduces the current judicial situation,mainly through summarizing the collected cases of surrogate rights disputes.The confirmation of legal effect of surrogacy Agreement and the "chaos" of the rules of cognizance of surrogate Parental-Child relationship In introducing the theoretical research,besides summarizing the main viewpoints and contents of "blood relationship theory","birth theory","meaning theory" and "children's best interest theory",the paper also makes an analysis of them and summarizes the advantages and disadvantages of various theories.Through the analysis of domestic legislation,judicature and theoretical theory on surrogate parent-child relationship,the purpose is to explain the theoretical research and practical significance of the identification of surrogate parent-child relationship.The third part is the extraterritorial investigation on the paternity of surrogate pregnancy.Taking "absolute prohibition of surrogacy","limited open surrogacy" and "permitted commercial surrogacy" as the object of observation,this part introduces the current situation of legislation and judicature on the legal issues of surrogate parent-child relations outside the territory.Based on the analysis of the legislative model of surrogate pregnancy and the rules of determining surrogate parent-child relationship,this paper sums up the enlightenment to deal with the legal problem of surrogate parent-child relationship in our country.The fourth part is about the establishment of legislation on the determination of surrogate parent-child relationship.Based on the summary and review of the development of surrogate parent-child relationship in China and the theories and theories above,and on the basis of drawing lessons from the legislation and judicial status of typical countries or regions outside China,this part reflects on the absolute prohibition of surrogacy in China.Based on the conclusion that China should have limited open surrogacy,this paper puts forward its own views on the basic rules,institutional structure and application of surrogate parent-child relationship.