Research On The Public Order Reservation System In The Identification Of Cross-border Surrogate Parent-child Relationship

In recent years,cross border surrogacy disputes have been gradually increased,and people’s attention has been paid to it.Among them,the problem of cross border surrogate parent-child relationship identification is more complicated,which is closely related to the interests of surrogate children.In practice,most of the court refused to recognize the parent-child relationship between parents and surrogate children on the grounds of cross border surrogacy against their public order.It has an impact on the rights of surrogate children such as status,nationality and inheritance.Under the premise of prohibiting all forms of surrogacy in China,it is difficult for our country to recognize the verdict of parent-child relationship and refusal to admit by any reason.This paper adopts the methods of literature research,comparative research and empirical analysis.This article focuses on the public order reservation system in the judgment of cross border surrogate parent child relationship,analyzes the issue of public order in cross border surrogate parent child relationship judgment,and probes into the balance between public order and the best interests principle of children in cross border surrogate parent child relationship identification.In order to provide ideas for better protection of the rights of cross border surrogacy children,this article is divided into three chapters.The first chapter mainly analyzes the concept of cross border surrogacy and cross border surrogate parent child relationship,as well as the problems in the recognition of cross border surrogate parent-child relationship,that is,the courts of the receiving countries of the surrogate children do not fully consider the best interests of the surrogate children,and do not have a reasonable balance between public order and the best interests of the child.The second chapter mainly introduces the legislation and practice of the judgment of cognizance of cross border surrogate parent child relationship invarious countries.From the national legislation on surrogacy and combining with the judicial practice of Japan,Belgium,Italy and France,it concludes that the balance between public order and the principle of best interests of children is the key to solve the problem of cross border surrogate parent-child relationship recognition.The third chapter puts forward relevant legislative proposals to solve the cross border surrogacy disputes in China.In this chapter,based on the current legislation status of no cross border surrogate parent-child relationship in China,it is suggested that China should increase the law applicable rules in the cognizance of cross border surrogate parent-child relationship,so that the court can have the law to identify the parent-child relationship in cross border surrogacy.China should also restrict the application of the public order reservation system through legislation,and establish the principle of best interests of children as the primary principle of cross border surrogate parent child relationship in order to protect the interests of surrogate children.