The Influence Of Surrogate Contract On Determining The Guardian Of Surrogate Children

In 2014,Shanghai Minhang District People's Court processed the first dispute about guardianship to surrogate children around the country.The case led to a more extensive discussion as a result of the verdict of the first instance and the second instance.This case was also the only case in China related to the proposition at the time of the publication of the article,so it was an important reference for the article.Since the guardianship system in our country is integrated with the parental authority,the guardianship system in our country is in a broad sense.In terms of guardianship of minors,the object of supervision and protection includes minors under the protection of parental rights and not under the protection of parental rights.The parent-child relationship is the foundation on which the custody relationship is the highest priority.This is also one of the focuses of dispute over the custody of surrogate children.Proliferation and protection,supervision of future generations is the most basic human pursuit and instinct,at the same time can bring warmth of affection for the people.As the dream of owning one's own family is imprisoned by one's own illness,the fruits of the development of modern science and technology have brought new hope to those who can not be born naturally.Artificial insemination,surrogacy and other techniques to overcome a variety of infertility or infertility problems,especially the success rate of surrogacy technology,but also to solve the problem of women can not conceive.Yet even technically able to bring new life to the world,the family ethics of the newborn is not legally clear.Under the law is not clearly provided for the circumstances,the departmental rules turned out to be the protagonist of the regulation of surrogacy.National Health and Family Planning,Ministry of Civil Affairs,Armed Police Logistics Department etc.12 departments,In April 2015 to the end of December 2015,we also launched a special campaign against surrogacy on the basis of the series of instructions issued by the leading comrades of the State Council on countering surrogacy."the first dispute about guardianship to surrogate children around the country" the court of first instance surrendered the law as a reason to deny the existence of parent-child relationship.This will not only harm infertile families,but will also affect the interests of minors.Avoiding and repressing those that are bound to emerge and intensify will not automatically eliminate the problem.The rule of law is to build the core values of socialism.In response to this basic civil system that will have a significant impact on the personal and property relations of citizens,the law should give a positive and positive guide,In order to surrogate this technology can achieve the human instinct desire to do a good job to the principle of maximizing the interests of children to make it an orderly and reasonable manner.The second part of the article will elaborate and discuss in detail the doctrine of legal status of surrogate children,whether the surrogacy contract should be legally bound,the legitimacy of identity part of surrogacy contract,and the validity of identity part of surrogacy contract.In determining the ownership of custody of surrogate children,the legal status of surrogate children needs to be determined,which makes it very important to discuss the legality of surrogacy contracts and the effectiveness of the legal status of surrogacy children.The article will focus on the discussion.There are other ways in which the General Principles of Civil Law can establish guardians of surrogate children.In addition,the new law has provided more ideas for resolving the issue after the General Provisions of Civil Law came into effect.There are many types of custody,such as designated custody,legal custody,commissioned custody.Legal guard to determine the guardian of the most important influencingfactors is monitoring capacity.After the "General Provisions of Civil Law" came into effect,the main body of the agreement for guardianship was no longer a plurality of guardian eligible persons in the same statutory order,but extended to any guardian eligible person.These are the legal basis for determining the surrogate guardian.The article discusses the issue of determining the guardianship of surrogate children and guides the narration of the whole article with the clue of "the first dispute about guardianship to surrogate children around the country",discuss the impact of surrogacy contracts on the identification of surrogate guardians,finding ways to identify guardian of surrogate in case of the contract is invalid.