The Application Of The Principle Of Best Interests Of Children In Surrogacy In China

Surrogate this way of birth is used by more and more,more and more a surrogate child was born,however,because of the lack of the law,to solve the problem of surrogate disputes related to the interests of the surrogate children cannot be secure and protected.The principle of best interests of children plays an important role in protecting children's interests.This paper discusses how to apply the principle of best interests of children to protect the interests of surrogate children through four chapters.The first chapter is the basic content of the principle of best interests of children.First of all,the paper discusses the proposition and connotation of the principle of best interests of children and makes a preliminary introduction to it.Secondly,it elaborates its value in protecting children's rights,so as to link it with the protection of surrogate children.Finally,by simply introducing the first case of custody dispute of surrogacy children in China,this paper analyzes the application of the principle of maximization of children's interests in China's judicial practice from the judgment of first instance and second instance.In the second chapter,the problems and consequences of the interest protection of China's surrogacy children are discussed.For a surrogate children benefit protection problems in our country,they not determine the identity of the relationship,legal rights by has been neglected,make them in a turbulent environment,may not normal social life.Through the analysis of this part,we can understand the existing problems,so that we can better apply the principle of best interests of children to solve these problems,and truly realize the maximization of interests.In the third chapter,the limitation of the principle of maximization of children's interests in surrogacy is applied.The current legislative situation and judicial practice in China restrict the application of the principle of best interests of children.Whether it is the limitation of the principle of maximization of children's interests or the limitation caused by surrogacy disputes and the complexity of the subject,it hinders the implementation and implementation of the principle.Through the elaboration of this part,we can understand where China should solve the problem through legislation in the future and how to better protect the interests of surrogate children.The fourth chapter is the realization of the principle of children's benefit maximization in China's surrogacy.Through introducing the front three parts,whose children benefit maximization principle and surrogate children protection problem,have a certain understanding of the last part is to introduce how to overcome existing limits children benefit maximization principle was applied to the interests of the surrogate children protection.However,in order to maximize the benefits of surrogacy children,it is necessary to solve several problems related to surrogacy from the legislative level.