Study On The Identification Of Parent-child Relationship In Surrogacy

Surrogacy,as a new form of artificial assisted reproduction,has played a strong role in solving infertility.However,surrogacy has broken the traditional natural reproduction method,and it poses a huge challenge to the identification of traditional parent-child relationship.At present,China's laws and regulations on surrogacy are not perfect.Regulating surrogacy only in some regulations and regulatory documents is not a long-term solution.Globally,due to the prohibition of surrogacy in many countries or regions,surrogacy has to be transferred to the underground market for development,thus forming a gray area for supervision.This has led to a series of legal issues.The identification of parent-child relationships in surrogacy is one of them.Excluding the introduction,the text is divided into four parts:The first part briefly introduces the concept and types of surrogacy,and then sorts out the two rules of traditional parent-child relationship identification — natural blood parent-child relationship identification rules and artificial blood parent-child relationship identification rules.Based on the current state of legislation and practice in China,the four theoretical theories of kinship theory,children's best interests theory,contract theory and childbirth theory are expounded.At the same time,these four theories are briefly evaluated.According to practical needs,China should adopt The "conditional contract theory" is to satisfy the true expression of both parties as much as possible on the premise that the surrogacy agreement is regulated by law.The second part analyzes the current legislation and practice status of surrogate pregnancy parent-child relationship identification,and how surrogacy has impacted the traditional parent-child relationship identification.Regarding the identification of parent-child relationship in surrogacy,although it faces multiple obstacles such as the degree of childbirth,the degree of childbirth or not,and the principle of "giving birth as a mother," it also suffers from traditional ethical issues in China,such as those caused by surrogacy.Family ethics crisis,the damage of surrogacy mothers and children's personality rights,etc.However,the solution of the identification of parent-child relationship in surrogacy is imperative.The third part compares and analyzes some countries or regions in the common law system and the civil law system from the perspective of comparative law.On the one hand,it introduces the rules for the identification of surrogacy and parenthood between the United Kingdom,the United States,Germany,France and Taiwan.On the other hand,on the basis of drawing on the beneficial experience outside the region,it sums up the enlightenment on the identification of parent-child relationship in surrogacy in China,such as limited opening of surrogacy and the improvement of relevant legislation.Based on China's current situation,it lays the foundation for exploring the rules of parent-child relationship identification in the case of surrogacy.Based on the above analysis and reference,the fourth part puts forward suggestions for constructing a legal system for the identification of surrogacy parent-child relationship in China from four aspects.First,in terms of building the foundation,China can regulate surrogacy by clarifying the scope of surrogacy and limiting subject qualifications.Second,the principle of legislation must include at least the principle of the child's best interests,the principle of limited use,the principle of non-commercialization,and the principle of public power intervention;Thirdly,the "conditional contract theory" is used as the determination standard,and the implementation of surrogacy is regulated mainly by the parties' autonomy of the parties and supplemented by the restrictions and restrictions of public power.Finally,the specific determination rules are formulated around the above-mentioned determination standards.This will better protect the interests of surrogate children.