Research On The Identification Of Parentage In Transnational Surrogacy

With the continuous development of science and technology and medical technology,"surrogacy",a reproductive assistance technology,has gradually appeared in our life.As a result,a growing number of couples or same-sex couples who are unwilling or unable to have children of their own are using surrogacy to carry out the wish to have children.This technique seems to be a great boon to those in need,but other issues behind it,particularly the identification of parent-child relationships,deserve our attention.At the same time,due to the different attitudes towards surrogacy adopted by different countries in the world,a large number of people from countries that prohibit surrogacy go to countries where surrogacy is legalized for transnational surrogacy.In addition,there is no unified international legislation on surrogacy,which makes the identification of parent-child relationship in transnational surrogacy more complicated and difficult.In practice,it is common for the country of birth of the surrogate children to recognize the entrusted parents as the legal parents,while the country of receiving the surrogate children does not recognize the situation,resulting in the surrogate children become "legal orphans".Therefore,it is urgent for us to provide Suggestions and measures from all aspects of theory and practice for the identification of the parent-child relationship of transnational surrogacy.This paper mainly focuses on this hot and difficult issue,which is divided into six parts.Firstly,this paper introduces the research background and purpose of transnational surrogacy,and makes a basic exposition and a brief classification of the two main concepts--"transnational surrogacy" and "paternity relationship identification".Secondly,it summarizes and classifies the international and national legislative attitudes and legislative status of surrogacy,and analyzes the judicial practices of various countries to solve this problem.Finally,based on China's basic national conditions and judicial precedents,this paper discusses the legalization of surrogacy in China,and puts forward different solutions for different transnational surrogacy situations.This paper argues that in China,non-commercial surrogacy can be legalized,while commercial surrogacy should be banned.In terms of the identification of parent-child relationship,it is suggested that non-commercial surrogacy should follow the principle of contractualism combined with the principle of genenism.If there is commercial transnational surrogacy and the parent-child relationship must be determined,it is suggested to follow the principle of the best interests of children and avoid the surrogate children becoming "legal orphans".