Study On The Custody Of The Same-sex Marriage Surrogate Children

Surrogacy has attracted more and more attention with the development of assisted reproductive technology and legalization of same-sex marriage in certain countries and regions.Since there is barely any space for surrogacy concerning morals,ethics and laws in most countries,it has brought about disputes regarding the identification of the validity of surrogacy agreement,and the determination of parenthood and custody.At present,there are three attitudes towards surrogacy in the world,such as completely prohibiting surrogacy,prohibiting commercial surrogacy,and allowing commercial surrogacy.China is a country that does not recognize same-sex marriage and completely prohibits surrogacy.But the identification of custody of surrogate children is not an avoidable problem.This paper chooses Canadian case of ascertaining the custody of surrogate children,and uses the methods of literature research,comparative research,case analysis and inductive analysis to analyze the validity of surrogate agreement and the result of confirmation of the custody of surrogate children.Through sorting out the main theory and analyzing the legislative practices of parents' surrogating children,this paper explains and analyses the reasons of intentional parents' being identified as guardians of surrogate children in this case.At the same time,combined with the legal culture of the country where the case is located,the applicability and shortcomings of the principle of “The best interests for children” are analyzed.It is proposed that the legal rights and interests of surrogate children can be better guaranteed if the mode of handing surrogate disputes is fixed and the actual effect of adjudication is emphasized.