Research On Leagal Status Of Surrogate Children

Surrogacy has been carried out in China for nearly 30 years,but surrogacy has not entered the adjustment scope of the law.In 2015,China wants to impose a complete prohibition on surrogacy in the law.However,because the opinion of the legislator is not uniform,the article was deleted in the law that passed later.At present,the departmental regulations are completely prohibitive on surrogacy,but the implementation of the regulations can be said to be far from the original intention of the health and medical administrative agency's promulgation of departmental regulations.Due to the reality of social needs,the number of surrogate children have been large scale,and there are cases which is relating parental relationship certificating have entered in the judicial field.There are many parties involved in surrogacy.Although the number of parties involved in the case is limited,the issue of surrogacy concerns people's rights.If there is a slight lack of justice in such cases,it will not only cause serious harm to the parties but will also impact the ethical and moral of the general public.Although surrogacy is currently illegal in our country,there are already many surrogate children in our country.Surrogacy is illegal,but the legal status of a surrogate child is natural persons.No matter what kind of attitude the law adopts for surrogacy,the same series of civil legal relations that will inevitably occur with the natural persons cannot be ignored.In particular,the lack of parent-child relationshiprules for surrogate children will affect the interests of surrogate children,causing serious social damage.At present,with the number of surrogate children born is large,it is important for parents to use Artificial assisted reproductive technology to have children.However,for children who are already born,it is meaningless to discuss how they are born.The way of birth could no longer be changed.What we can do is to define its legal status.It is very important to protect the legal rights of surrogate children.The identification of parent-child relationship is an important beginning for the protection of surrogate children's rights and interests.The significance of protection of various rights and interests is significant.The author selected several judicial cases related to surrogacy,some of which occurred in China and some occurred abroad.However,they all directly indicated that surrogacy is not a new thing and it is necessary to involve them in the context of the law.The author has conducted comparative research on the laws governing the identification of surrogate parenthood in countries and regions outside the country.In areas where surrogacy is limited,the mother who gives birth to a surrogate child is the legal mother of a surrogate child.If the surrogacy contract is established,the commissioning parent can be surrogate child's legal parents.There are different ways for obtaining parental rights for surrogate children and obtaining parental rights.For example,in the United Kingdom obtaining parental rights through adoption.In countries where surrogacy is prohibited,the surrogacy contracts is not validity.However,in Japan,commissioning parents are given parental rights in the form of adoption for the principle of benefit for children,but the rule that the mother who gives birth to a surrogate child is the legal mother of a surrogate child is still not changed.In France,the ban on surrogacy is strict enforced.It refused to admit that the EU Human Rights Court judge which a parent-child relationship should be established.Despite the different national conditions in different countries,the conditions for the specific application of laws vary widely,but relevant legislation in the field of Chinese surrogacy can be instructive.Although the current Chinese law does not impose a ban on surrogacy,surrogacy contracts are ineffective because surrogacy is contrary to public order,honesty and honor commitments.From the perspective of the measures promulgated by the relevant departments of the Chinese government,the state also prohibits surrogacy.However,the prohibition of surrogacy and judging the legal status of surrogate children is not equivalent.The author believes that for children who have been born through surrogacy,the child's legal mother should be who gives birth to surrogate children.The legal father should base on the marriage relationship of the surrogate mother.If the surrogate mother is married,the legal father of the surrogate children should be his spouse.If her spouse can prove When surrogacy is contrary to his own wishes or if there is obviously no genetic relationship with himself,it may be possible to bring up a parent-child relationship denial.If the surrogate mother's whereabouts are unknown or there are special difficulties,she is difficult to raise surrogacy children,to protecting children from becoming children without parents,under the guidance of the principle of maximizing children's interests,commissioning parent can acquire the legal parents status of surrogate children through adoption.This article is divided into five chapters.The first chapter introduces the social status of surrogacy in our country and the related laws and regulations.It also analyzes the problems existing in surrogacy regulation in China.The second chapter introduces the legal status of surrogate children in relation to the parties concerned.It mainly introduces the legal significance of the parties involved in surrogacy and the legal status of surrogate children.The third chapter makes a comparative research on the laws and regulations related to surrogate children in the world.This section is divided into three parts.The first part introduces the laws of limited-open surrogacy countries or regions and the rules for the identification of parent-child relations.This section mainly introduces the situation in the United Kingdom,Canada,Hong Kong,China,and Taiwan;the second part introduces the laws and parent-child relationship recognition rules of countries or regions that completely banned surrogacy have mainly introduced the situation in Germany,France,and Japan.The third part introduces the situation of the United States.Chapter IV makes a special study on the legal status of Chinese surrogatechildren.First of all,the author introduces several identified doctrines,and then puts forward the way to identify the legal mother,and finally puts forward the way to identify the legal father.The fifth chapter discusses the ways of entrusting parents to obtain legal parental status of surrogate children.Whether the Supreme People's Court's 1991 letter can be applied or not,and if the surrogacy mother's whereabouts are unknown or there are specific difficulties,the legal status of surrogate children has been identified as a solution.