Research On Legal Status Of Surrogacy Children

Surrogacy,as a new way of human reproduction,has impacted people's traditional concept of natural reproduction and brought a series of ethical and legal issues.According to relevant statistics,the number of infants born through surrogacy every year and the number of cases involving disputes between surrogacy children shows an upward trend year by year.Although the act of surrogacy has not yet been recognized by the law of our country,as a natural person in the legal sense,surrogate children are different from other illegal acts,and their legal status should be protected and recognized,which is of great significance to the stability of society and family.At present,China has not yet formulated the legal provisions on the legal relationship between surrogacy and surrogate children,which leads to the judicial practice of the application of law standards are not uniform,different sentences in the same case.It is a problem to be solved in the judicial practice that the surrogate children's identity relationship can not be maintained.This paper adopts comparative analysis,through the study of the main practices of surrogacy and surrogate children abroad,summarizes the experience which is worth referring to,and at the same time adopts text analysis to study the judicial practice of our country in this regard,in order to find a way to further solve the problem.This article discusses the issue of the legal status of surrogate children from four aspects:The first part of the main content is about the legal status of surrogacy and surrogate children.This paper explains the connotation and current situation of surrogacy and surrogacy children,and the difference between them and the traditional affirmation of parent-child relationship,so as to lay a foundation for determining the legal status of surrogacy children.Four theories about the affirmation of the parentchild relationship of surrogate children in academic circles are analyzed: contract theory,consanguinity theory,childbirth theory and the principle of protecting the best interests of the children.The second part is about the status quo of surrogate children and the main problems,through the relevant cases of China's current legislation,judicial and existing problems are summarized and analyzed.The third part summarizes the main practices of the United Kingdom,Germany and other countries and regions,and summarizes some of the experience we can learn from China.The fourth part is to make clear the main suggestions for protecting the legal status of surrogate children in China.The principle of legal status of surrogate children is determined,and the concept of legitimate children is proposed.According to the different types of surrogacy,opinions and suggestions on the rules of affirming parent-child relationship and the protection of related rights and obligations are put forward.