On Law Application Of Transnational Surrogacy Contract

In the era of rapid development of artificial reproductive assistant technology,transnational surrogacy is becoming a more and more popular way of artificial reproduction.The legal application of transnational surrogacy contract caused by disputes arising from transnational surrogacy has become an urgent problem in China and even in the world.This paper mainly uses literature analysis,comparative analysis and empirical analysis.Through reading relevant foreign legislation and judicial cases,after a preliminary discussion on the definition,characteristics and validity of transnational surrogacy contract,this paper attempts to summarize the applicable rules of transnational surrogacy contract law from three dimensions,that is,to solve the problem of property nature from the perspective of contract law,to solve the problem of personal nature from the perspective of parent-child relationship,and to protect the interests of the weak.As a supplement,this paper analyses the possible entry points of the applicable rules of the law of transnational surrogate pregnancy contract,which further refines the application of the law from the perspective of contract law into the situation of general contract and consumer contract.The relationship between parents and children is discussed from two aspects:the personal law of parents and the personal law of children.Then,it discusses the transnational surrogate pregnancy contract and public order production through the analysis of typical cases in different countries.How to ease the antagonistic relationship between the two when conflicts arise,and draw the conclusion that the principle of the best interests of children should be added to soften public order.Finally,based on the above contents,this paper makes some reflections on the alternative approaches to the legal application of transnational surrogate pregnancy contracts in China from several aspects,with a view to alleviating the current dilemma of the legal application of transnational surrogate pregnancy contracts in China.