Study On The Identification Of The Legal Status Of Surrogate Children

The surrogate phenomenon in the modern sense first occurred in California in the 1970s,not only opened the door for infertile couples to have their own children's dreams,but more and more people to avoid pregnancy and production.The choice of surrogacy for the pain and risk,many scholars have begun to conduct in-depth research on the ethical and legal issues highlighted by surrogate and surrogate children.In addition,the government is also active in carrying out legislative activities on artificial reproductive technology,in this way to protect and limit the rights and obligations between the parties,and to clarify the legal status of children and their kinship.In practice,countries have different attitudes towards surrogacy,some allow surrogacy but give many restrictions,while others are absolutely prohibited.Although China has not yet enacted laws that specifically regulate artificial reproduction techniques and surrogacy,departmental regulations strictly prohibit medical institutions and medical care.If a person performs any form of surrogacy,there is no regulation for institutions outside the medical institution.Therefore,the surrogacy behavior between natural persons and natural persons and other institutions is still in a blank space where the law cannot be adjusted.Whether the surrogacy agreement signed is legal or not is also judged.Judge.In China,whether surrogacy should be legalized,whether all types of surrogacy should be legal,what is the theoretical basis of its legalization,what mechanism should be used to regulate surrogacy,how to determine the validity of surrogacy contracts,and how to determine the law of surrogate children.Status and other issues are urgently studied and resolved.This paper puts forward its own opinions on the basis of studying various problems involved in surrogacy,and tries to provide reference for future surrogacy legislation in China.This article is divided into three parts:introduction,body and conclusion.The main body is divided into four chapters.The specific contents as follows:Firstly,the types of surrogate and surrogate children are introduced.Secondly,the validity of surrogacy agreement is discussed.In practice,the surrogacy dispute is solved first.It is the effectiveness of the surrogacy agreement.Under the current legal system in China,not all surrogacy agreements are of course invalid.This should be dealt with according to the effective requirements of civil acts,mainly from the two aspects of whether the surrogacy agreement constitutes a violation of law or public interest.Then,we made a comprehensive consideration of the willingness and economic ability of the children to raise the children,and proposed to combine the best interests of the children and the contractual statement as the final criteria to respect the individual independence of the child and care for the child's future growth.Finally,on the basis of the previous chapters,we give corresponding suggestions for the future legislation of surrogacy in China:there should be a limited recognition of the types of surrogacy,strict screening of the qualifications of surrogate mothers and entrusted couples,and the legal status of surrogate children according to different circumstances specific identification.