An Analysis Of Chen's Case Against Luo's Guardianship Dispute

With the rapid development of modern technology,surrogate technology has gradually entered the market.The birth of surrogate technology not only brought the gospel to the families suffering from infertility,but more importantly,it impacted the traditional concept of childbearing and family structure in China.Although China has clarified the position of prohibiting surrogacy,the huge market demand and increasingly surrogate institutions have made the phenomenon of surrogacy repeated,and the number of babies born to surrogate every year has been rising,and the legal disputes caused by this have also increased.“Analysis of Chen V.Luo Dispute Case over Guardianship”is the first case of custody dispute arising from surrogacy in China.This case has a certain typicality.The case mainly focused on whether the Luo Moujia couple had the plaintiff qualification to file a denial claim,whether there was a parent-child relationship between the surrogate child and Chen,the legal status of the surrogate child,and the attribution of the custody of the surrogate child.In the identification of surrogate parent-child relationship,Chen and his child do not have a blood relationship with their children,and because of the lack of legal registration procedures,they cannot legally obtain the status of two children.However,Chen subjectively has the willingness to raise children,and objectively has the fact that the child is raised.Therefore,the court has similarly established the relationship between the child and the surrogate child,and the referee has certain rationality.On the issue of thecustody of surrogate children,the referee is based on the principle of “the best interests of children”,and the custody of the child is attributed to Chen.On the one hand,the stability of the law is maintained,on the other hand,The justice of the case.Carefully to try to understand the focus of the dispute in this case,it is clear that China has a legislative gap in the identification of parent-child relationship and custody of surrogate children.Therefore,it can be improved from the following aspects: First,improve the legal rules for determining parent-child relationship;second,clear The “Children's Best Interest Principles” are the criteria for establishing custody rights;the third is to improve relevant systems,including sound custody mediation and supervision mechanisms,and improve the system of juvenile child litigation representatives.