Discussing The Legal Relationship Determination Of Parenthood Under Assisted Reproductive Technology

Today's infertility problem is serious.Assisted reproductive technology provides an effective way to solve the problem of infertility,but because its differences with traditional fertility methods also bring a great impact on ethics,law and family concept,it has caused a dispute on the identification of parent-child relationship under human assisted reproductive technology.There are a lot of blanks in the law of our country for the confirmation of assisted reproductive parent-child relationship.The purpose of this paper is to regulate assisted reproductive behavior through assisted reproductive parent-child identification legislation,and to guide the judge in the dispute of parent-child legal relationship determination.In this paper,the legal relationship determination of assisted reproductive parenthood is studied by case analysis research method,literature analysis method,comparative research method and value analysis method.With the typical case of our country,the main controversial problems exist,through the theoretical analysis of these issues and the reference of foreign laws,and finally put forward the proposal of legislation in this field in the light of our national conditions.In addition to the introduction and conclusion,the text is divided into four chapters:The first chapter is the introduction of the problems.Through the collation of typical cases,extracts two main questions,the genetic father,the legal father who raises the father who bears the children of the human assisted reproduction? What are the legal mothers of the genetic mother,the mother,and the mother who are the children of human assisted reproduction?The second chapter explains the basic concept of assisted reproduction and divides it into three categories: artificial insemination,in vitro fertilization-embryo transfer and surrogacy.After this,it expounds the low level and narrow scope in the legislation of assisted reproductive technology in China,as well as the identification of children born under the current norms.On this basis,it summarizes the shortcomings of our country,and explains the significance of legislative norms for the identification of assisted reproductive parent-child relationship.The third chapter collects and analyzes the value basis of the legislative and judicial cases of the legal relationship between multi-country and regional assisted reproductive parenthood.Germany,France,the United Kingdom,the United States and other countries and regions have comprehensive paternity related legislation.They have common principles such as "informed consent" and "anonymity ",as well as large differences on specific issues such as the use of ex-husband or ex-husband sperm after the break-up of surrogate mother-child relationships and marital relationships.The fourth chapter,combining China's national conditions,puts forward a legislative model combining principled provisions with specific rules on the identification of assisted reproductive parent-child relationship.Principles include maximizing the benefits of children,limited anonymity,written contracts,and protecting the nuclear family.The determination rules are based on the principles of "birther as mother" and "presumption of marriage",and develop and make detailed provisions according to different kinds of assisted reproductive technology combined with China's national conditions.