Research On The Legal Identification Of Parent-child Relationship On The Condition Of Surrogacy

With the implementation of the policy of opening up the second child in an all-round way,many elderly women are willing to have a second child,hoping that the elderly can depend on it and enjoy the theory of kinship.However,it is well known that the birth of older mothers is an inherent problem,"surrogate fertility" needs will be followed by discussion.On the one hand,surrogacy brings hope to the elderly women,homosexuals and other infertile people,on the other hand,it also impacts the inherent ethical and legal relationship.In China,there is no policy so far regulating neither artificial reproduction nor surrogacy.Although Ministry of Public Health prevent surrogacy in china by administrative regulations,these regulations are not very good solve a series of follow-up questions.Forbidding surrogacy will not prevent the rise of surrogacy industry,but encourage such industry to be conducted in secret that accompany with more social problems.Surrogate children exist objectively at birth.We can not erase their existence because of the illegality of surrogate behavior.We must establish legal rules to confirm the relationship between parents and children in order to solve the urgent problems of raising,guardianship and inheritance.The purpose of this thesis is to discuss these issues involved in,and to provide some suggestions for coming regislation.The text of this article is divided into four parts.The first part:General situation of surrogacy.First,defines the concept of surrogate,puts forward the conception and classification of surrogate,secondly,The justification of surrogacy is discussed.The second part:the introduction of the current legislation on surrogate and parent-child relations in China,and analyses the deficiencies in the identification of the parent-child relationship in the legislation of our country.The third part:introduces the legislation,judicial situation and related theories of surrogacy and parent-child relationship in China,and analyzes the shortcomings of the identification of surrogacy and parent-child relationship.The fourth part:To explore the legal perfection of surrogacy in China.Put forward suggestions on legislation,administration and judicial supervision of surrogacy.