Identification Of Surrogate Parent-child Relationship From The Perspective Of Comparative Law

Surrogacy is one of the ways to obtain children for infertile couples,lonely families,same-sex couples,and singles.At the same time,surrogacy makes up for the only possible adoption of adoptive parents Control relationship without the inherent defects of blood relationship.Regulating surrogacy issues can further leverage the advantages of surrogacy as a natural reproductive alternative,allow people to enjoy the development of reproductive technology and realize the enjoyment of reproductive rights,alleviate the problem of social aging,and also further address the subsequent identification of surrogate children,nationality,Raising,guardianship,education,inheritance,etc.,to avoid the problems of abandonment,sale,abuse,etc.caused by the uncertainty of the surrogate children and their parents.However,on the one hand,countries around the world have not formed a unified and generally binding legislative system on surrogacy,which has left the illegal surrogacy industry chain a hotbed for legal gray areas;on the other hand,due to the phenomenon of surrogacy,it has become increasingly common in countries around the world In general,the public's acceptance is getting higher and higher,and the direct consequences of surrogacy have not disappeared with the illegalization of surrogacy.The typical problem is the identification of parent-child relationships in surrogacy.There is no uniform basis in judicial practice.Legal norms have caused widespread controversy in the academia and society regarding the identification of surrogate parent-child relationships.It is worth noting that the parent-child relationship under surrogacy is different from the natural blood relationship and the fictional blood relationship under the traditional parent-child relationship.Children born by surrogacy may have multiple fathers and mothers in different surrogacy situations,then who is the child legally? parents? This question has different answers under different theoretical theories(birth theory,pedigree theory,contract theory,children's best theory).In addition,the identification of parent-child relationship under surrogacy is different from the issue of surrogacy.Outside the territory,whether it is the same type of country that adopts the same attitude towards surrogacy,or different types of countries that adopt different attitudes towards surrogacy,it is formed in the determination of parent-child relationship.There are different ways to identify.Looking at the legislative and judicial practices of countries outside the region,there are four main approaches,which are natural birth,adoption,contract and legality.This article will comprehensively examine the four approaches to the identification of parent-child relationships in foreign countries,clarify the parent-child relationship determination standards under different channels,and summarize how the legislators or judicial institutions can balance the relevant parties in the existing legal system under different determination standards.interest.Through a comparative study of the similarities and differences in the legal and judicial practice of parent-child relationship identification in various countries,we discover the complexity and legal significance of parent-child relationship identification in surrogacy,analyze the legislative dilemma and current status of judicial practice in the determination of parent-child relationship in surrogacy,and find that the mainland of China is currently prohibited For surrogacy,there is no specific legal requirement on the determination of parent-child relationship.How to determine the legal parent of a surrogate child can only find a basis from the existing laws and regulations on general parent-child relationship in China,which has led to the lack of legal basis for judicial decisions in judicial practice.It is necessary to think about the current surrogacy parent-child relationship and related aspects of surrogacy in our country.In this article,the author proposes dispute resolution methods for common surrogacy parent-child relationship determination disputes.At the same time,we discuss the surrogacy and its parent-child in China.The principles that should be followed in relation determination include the principle of priority of legislation,the principle of judicial complementation,the principle of limited surrogacy,the principle of limited supervision,and the principle of balance of interests.Of course,considering the current national conditions,the identification of surrogacy parent-child relationship is still very complicated and needs to be explored for a long time.The consensus that needs to be reached is that in the case of surrogacy parent-child relationship,it is only based on a single theory.The legal parental status of any surrogate mother to be a surrogate child may be flawed.Therefore,it is important to determine the optimal scheme for protecting the realization of the best interests of a specific minor under the principle of balance of interests in a case.