Study On The Attribution Of Guardianship Of Surrogate Children Chinese

The emergence of surrogacy has impacted the traditional inherent ethical relationship and caused extensive discussions in the ethical and legal circles.Surrogate pregnancy refers to the act of women accepting the entrustment of others and using artificial reproductive technology to give birth to children for others.In this behavior,the child from surrogacy is called surrogate child,the woman who conceives children for others is called surrogate mother or mother,and the person who entrusts others to conceive for others is called consigning husband and wife or client.Different countries in the world have different legislative attitudes towards surrogacy,including totally prohibited,partly open and non-uniform regulation.Our country belongs to the traditional continental law system,and holds a prohibitive attitude towards surrogacy.There are two theories about surrogacy in our country.One is affirmative theory,which holds that surrogacy has legitimate reasons;the other is negative theory,which holds that surrogacy is not legitimate.The birth of surrogate children is an objective fact,we can not ignore or erase its existence,and can not damage the legitimate rights and interests of surrogate children because of the violation of the law of surrogate pregnancy.This text is divided into four parts.The first part is to introduce the case and summarize the focus of controversy.This case is the first case of guardianship disputes of surrogate children in China.In the case of unknown mother and dead father,grandparents and foster mothers appealed to the court for the guardianship of twins.This case has gone through first and second trial,and the judgment conclusions are quite different.This article intends to start around the confirmation of the guardianship of surrogate children.The second part is the influence of surrogacy on the case.This paper discussesthe legalization of surrogacy,the legislation and regulation of surrogacy in China,the impact of surrogacy on this case and the legislation of surrogacy outside China.In this case,although surrogacy is forbidden in China,the birth of surrogate children is an objective fact,and the right of surrogate children should not be impaired by the prohibition of surrogacy.This paper makes a comparative analysis of the legislation and regulation of surrogacy in foreign countries.On this basis,it is considered that it is not suitable for China to recognize the legitimacy of surrogacy at present,but in the future,surrogacy can be liberalized to a certain extent to guarantee the reproductive rights of the consigned couples.The third part is the legal status of surrogate children.In this case,the legal status of surrogate children is a child born out of wedlock.Chen Moumou and surrogate children establish a fictitious blood relationship.In addition,a comparative analysis is made on the recognition of the legal status of typical surrogate children outside the country.