On The Choice Of Law Of Parentage Confirmation In Cross-border Surrogacy

Various countries and regions in the world have different attitudes towards surrogacy.They are mainly divided into three categories: prohibition of surrogacy,partial prohibition of surrogacy,and permission of surrogacy.Therefore,those who need surrogacy arrangement in prohibition or partial prohibition of surrogacy areas tend to seek cross-border surrogacy in areas where surrogacy is allowed.There are a series of legal risks behind cross-border surrogacy.Among them,the biggest risk is confirmation of parentage.As for the surrogate children,the confirmation of parentage is the basic of enjoying all other personal and property rights,and the guarantee of their human rights.Therefore,the choice of law of parentage confirmation in cross-border surrogacy cannot be ignored.On the basis of sorting out the conflicts of laws and conflict rules on surrogacy arrangement and parentage confirmation in various countries and regions,I mainly study the application of laws about parentage confirmation in cross-border surrogacy.The dilemma of that are identifications of country of nationality and habitual residence of surrogate children in lex personalis,and aspects of protection of the weak.I analyze the different judgment results caused by different applicable laws cited by different connecting points,and demonstrate what is the “interests of the weak” which should be protected.I believe that child-centrism residence or habitual residence law and Interests of the Weak Protection Act,which belongs to conflicts law,are supposed to be in concert with Child Benefit Maximization Principle in substantive law.Put the best interests of children be a primary consideration,as the UN Convention on the Rights of the Child Legal requirements.