On The Determination Of The Guardian For Surrogate Children

The emergence of surrogate assisted reproductive technology has met the desire of some infertile patients to be parents.Although surrogacy is banned in China,the legal ban does not completely eliminate surrogacy.Some people still choose to obtain their children through surrogacy.Therefore,more and more cases of surrogate children's custody disputes accompany surrogacy,but China does not have legal provisions for surrogacy,which leads to different outcomes when the courts deal with such disputes.This article is based on the analysis of existing information,provides some personal insights,and hopes to help the handling of surrogate children in judicial practice.The full text is divided into three parts in addition to the introduction and conclusion:The first part is the introduction and evaluation of the theoretical viewpoint of the surrogate child guardian.The difficulty of determining the surrogate child guardian is mainly concentrated on the mother's determination.Therefore,the four theoretical viewpoints are also distinguished from the determination of the surrogate mother.The legal mothers determined by each theoretical doctrine are different,and different theories need to be applied separately according to the surrogacy situation to select the most appropriate viewpoint.The author divides surrogacy according to the distinction between complete surrogacy and local surrogacy,and explains the reasons for classification according to such criteria and the significance determined for the guardian.The second part is to discuss the determination of the guardian in the case of local surrogacy.There are some typical cases of local surrogacy guardianship disputes in judicial practice.On the basis of analyzing comparative cases,the difficulties identified by the guardians are clarified.The guardian's determination should include both scoping and sequence determination.In the determination of the scope,the guardian is first defined,and the scope of the guardianship of the surrogate child should be discussed.Secondly,the situation of the local surrogate is analyzed separately to determine the scope of the guardian in different situations.In the determination of the guardian order,the author selects the most typical two kinds of disputes in the judicial practice,namely,the dispute between the entrusting party and the surrogate mother,and the guardianship dispute between the entrusting parties,respectively discussing the order of the guardians.The third part is a discussion of the guardian of the complete surrogacy situation.The author is also a comparative analysis of typical cases of complete surrogacy to determine the difficulty.Then,we will sort out the legal provisions that allow full surrogate countries and regions,analyze the scope of surrogate guardians in relevant countries,and then discuss them separately according to the different situations of full surrogacy.Finally,select two typical cases of complete surrogacy disputes,and discuss what opinions should be applied to determine the guardian.