The Protection Of Children's Rights And Interests In Transnational Surrogacy

Among the problems of international private law caused by transnational surrogacy,the legitimacy of surrogacy,the validity and enforceability of surrogacy agreement,the jurisdiction of transnational surrogacy cases,the protection of the rights and interests of surrogate mothers and children born by surrogate have aroused the attention and discussion of scholars at home and abroad.caused by surrogacy have attracted the attention and discussion of scholars at home and abroad.In terms of the protection of the rights and interests of transnational surrogate children,it is the most difficult problem to identify the legal parents of children born by surrogate.The parentage is the basis of children's rights.Because the country of birth of the surrogate child usually recognizes the intended parent as the legal parent of the child,when the intended parent brings the surrogate child back to their own country,if the receiving country refuses to recognize the established parentage,it will cause adverse consequences such as the surrogate child's nationality cannot be determined,the passport cannot be applied for,or even separated from the intended parent.This paper discusses the protection of children's rights and interests in transnational surrogacy from the perspective of the identification of parentage.Based on the analysis of the legislative status and judicial examples of surrogacy in different countries,the legislative attitude towards surrogacy can be divided into three types:completely prohibiting,allowing uncommercial surrogacy and all types of surrogacy.Because of the difference of surrogacy attitude,there are different standards in the recognition of parentage in different countries.The receiving country usually refuses to recognize the judgment of the recognition of parentage made by the country where the surrogacy child was born on the grounds of violating public order.The principle of the best interests of the child is used to determine the parentage in the cases of legal parents of transnational surrogate children heard by the European Court of Human Rights.In such cases,countries will also use the principle of the best interests of the child as a reference to determine the parentage.Due to the lack of uniform international law norms,even in the same country,there are often different judgments for the same case when dealing with the determination of the parentage of transnational surrogacy.In the introduction part,this paper briefly introduces the background of the topic and the research angle of international private law caused by transnational surrogacy.The first part of the article explains the concepts related to the parentage of transnational surrogacy,and outlines the significance of the determination of the parentage of transnational surrogacy for the protection of children's rights and interests,who delivered by surrogacy;the second part analyzes the reasons why it is difficult to determine the legal parents of children in transnational surrogacy,including the differences in the determination of the effectiveness of surrogacy agreements,the differences in the determination rules of parentage In the third part of the article,the author introduces the path of identifying the parentage of transnational surrogate children in various countries,including starting from the principle of the best interests of children,limiting the use of the principle of public order to recognize the effect of surrogate agreement,establishing the adoptive relationship between intending parents and surrogate children The fourth part of the article analyzes the legislative and judicial status of surrogacy and parenthood in China,and puts forward feasible suggestions for surrogacy and parenthood of transnational surrogacy To improve the domestic law of surrogacy from different perspectives,and to strengthen international cooperation and provide uniform rules of application of international law.