Research On The Legal Recognition Of Parent-child Relationship Of Surrogacy

With the progress of medical technology,the emergence of surrogacy technology meets the wish of parents of infertile patients and brings good news to their family harmony.But at the same time,the technology also breaks the traditional natural fertility mode,and to some extent impacts the existing social ethics,moral concept and legal system.At present,China is still in a state that cannot be followed in terms of legal recognition of parent-child relation of surrogate births,and existing laws and regulations cannot effectively solve the problems encountered in judicial practice.Therefore,it is necessary to discuss in depth the legal recognition of parent-child relationship of surrogate births on the basis of existing theoretical research.This paper first clarifies the relevant overview of surrogacy,that is,a brief introduction to the concept,classification and disputes arising from surrogacy.Then,two typical cases are analyzed to emphasize the necessity of legal recognition of the parentchild relationship of surrogacy.In theory,four theories of paternity test of surrogacy are introduced and analyzed.By analyzing and comparing the relevant legal provision of the legal identification of parent-child relationship of surrogate birth in other countries and regions,the enlightenment of the legal identification of parent-child relationship of surrogate birth in mainland China is obtained.Finally on the basis of the study,accomplish specific analysis,according to different type of surrogacy,for the construction of our country birth parent-child relationship suggest specific legal recognition of the new rules,that is,a surrogate respectively on pregnancy,genotype surrogate,embryo donation surrogate put forward their own different rules for recognition of the parent-child relationship hope to be able to guarantee a surrogate child's legitimate rights and interests,improve the legal status of surrogate children and for surrogacy causes disputes have help on theory and practice.Figure 0;Table 0;Reference 49...