A Study On The Principle Of Children's Best Interests In The Identification Of Transnational Surrogacy Parent-child Relationship

Parent-child relationship as a surrogate children's main theory including says,gene delivery,saying,the above theory,although each has advantages,but its own defect is very obvious,fully apply some theory can't fully guarantee after the parent-child relationship as surrogate children,their family can give them a good growth environment,to ensure that a surrogate children's legal parents to provide help on spirit and matter,and children's best interest principle can make up for the inadequacy of the theory..The principle of the best interests of children,as a guiding clause to protect children,can be regarded as one of the basic principles for parent-child relationship identification of surrogate children.However,attention must be paid to defining its connotation and denotation,regarding children as independent individuals,giving priority to protection and focusing on protecting children's interests.For countries that prohibit surrogacy,surrogacy is obviously in conflict with the principle of reservation of public order.At this time,it is necessary to rationally evaluate whether to apply the principle of reservation of public order,and to balance the best interests of children when applying the principle of reservation of public order.There have been cases in the international community that apply the principle of the best interests of the child to solve the parent-child relationship identification of surrogate children.These cases provide us with practical reference significance.For countries that prohibit surrogacy,it is of great significance to provide surrogate children with a better growing environment.At present,China's attitude towards surrogacy is prohibited,but the domestic cross-border surrogacy market has a huge demand,and the principle of the best interests of children can play a certain positive role in the protection of surrogate children in China.