On The Establishment Of Parent-Child Relationship Under Surrogate Pregnancy

Surrogacy is a new type of artificial reproduction technology,which refers to the high-tech technology used by couples who have the desire to have children because of their physiological defects and are unable to conceive and bear children by themselves.Starting from surrogacy challenging the current rules of paternity identification,starting from the natural consanguinity due to natural birth and the artificial consanguinity due to adoption and upbringing,this paper respectively discusses that the current rules of paternity identification cannot be applied to the determination of paternity for full surrogacy.In judicial practice,there is no clear legislative basis for the determination of surrogacy parent-child relationship,which leads to different judgment results in each case.Some courts support that the attribution of surrogacy child parent-child relationship should be attributed to the entrusting party,while others entrust the surrogacy child to the surrogate mother.Some of the courts believe that a the relationship between step-parents and step-children can be formed between the client and the surrogate child based on the upbringing behavior,but the relationship between step-parents and step-children is caused by the remarriage of both spouses,which does not meet the conditions for the surrogate child to have a parent-child relationship with the client.Therefore,the determination of the parent-child relationship of surrogate children has always been a difficult problem in judicial practice.If the determination is not appropriate,it will cause great harm to the parties concerned,and will lead to the legal status and legitimate rights and interests of innocent surrogate children cannot be properly protected.From an international perspective,different countries hold different views on surrogacy and the determination of parent-child relationship of surrogacy children.Some countries that believe surrogacy is legal,such as India and California,USA,etc.,recognize that there is parent-child relationship between the client and the child.In other countries,surrogacy is completely prohibited,and at the same time there are legal provisions that stipulate that the children of surrogacy should be brought up by the surrogacy mother,such as Britain and Germany.In this case,how to ensure the rights and interests of surrogate children,surrogate mother and the client couple? This article is based on the principle of the best interests of the children,supplemented byother theories,and sorts out a set of attribution system for determining the paternity of full surrogacy.That is to say,in general,the entrusting party’s husband and wife are the legal parents of full surrogacy children,because the entrusting party has a strong subjective intention to have children in general,and the entrusting party’s family conditions,material basis and education level are relatively superior to those of surrogacy mothers,which can provide a better environment for the growth of surrogate children.Under special circumstances,if a surrogate mother cannot bear children due to surrogacy and is in humanitarian care at this time,The Surrogate,as the legal mother of the full surrogate child,will decide whether to presume the surrogate child to be the legitimate child of the surrogate mother’s spouse or claim it from the genetic father of the full surrogate child,depending on whether the surrogate mother’s spouse knows and recognizes the surrogate facts.In order to maximize the interests of the surrogate children,and properly solve the relationship between the surrogate mother and the client husband and wife at the same time,so as to solve the complicated situation of human ethics and legal relations caused by surrogacy,and to contribute my humble contribution to the enactment of relevant laws for the determination of the parent-child relationship of full surrogacy!...