Research On The Civil Law Of Surrogacy

In the early 21st century,a wealthy businessman in Guangdong,China,gave birth to octuplets through surrogacy,which caused people's concern.Subsequently,the disputes over the right of inheritance of frozen embryos in Yixing,Jiangsu province,and the first case of custody disputes of surrogacy children in Shanghai,which prompted the theoretical and practical circles to intensify the legal research on the relationship of surrogacy.However,up to now,there is still no law to regulate the artificial reproductive technologies and surrogacy in China.Only the administrative regulations of the former ministry of health have shown a prohibition attitude towards surrogacy,but the administrative regulations only prohibit medical institutions and personnel from implementing surrogacy technology,and have no effect on other individuals and organizations.Nowadays,the demand for Surrogacy is growing,and underground surrogacy agencies are intermixed.Facing such a situation,the law should not ignore it,but actively deal with the problems in the development of emerging technologies.Based on China's legal conditions and social status,it is urgent to solve these problems:whether surrogacy should be legalized,what is the theoretical basis of legalization,how to grasp the limits of legalization,how to identify the contract of surrogacy.These problems need to be solved urgently.This thesis starts from the first case of custody disputes of surrogacy children in Shanghai,and refers to the surrogacy legislation of foreign countries to sort out the legal relationship in surrogacy.In order to provide a reference for future surrogacy legislation in China and puts forward some suggestions.The first chapter introduces the background,significance,research scope and research ideas of the thesis.It also introduces the case of the first case of custody dispute of surrogate children in Shanghai and the judgment of the courts.These issues are the validity of the contract,parent-child relationship and child custody.The second chapter discusses the validity of surrogate contract.First of all,from the perspective of provisions on civil juristic acts,there are two ways to study.One is to discuss the relationship between contracts and public order and good customs from the perspective of various rights basis;the other is to discuss the relationship between contracts and compulsory legal norms from the perspective of legislation and interpretation.Secondly,it analyses the special problems and regulation methods of surrogate contract.The third chapter takes the impact of surrogacy on the traditional identification of parent-child relationship as the thinking path,combining the judgment of this case and the results of judicial practice,and puts forward the countermeasures to the impact.The fourth chapter starts with the idea of the court of second instance's guardianship in this case,combines the United Nations principle of the child's best interests,and deals with special situations in practice to solve the issues related to the custody of surrogate children.