A Study On The Identification Of The Surrogacy Parent-child Relationship

Nowadays,with the rapid development of science and technology and the rapid development of medical technology,the new generation of artificial reproductive technology has brought "surrogacy" into people's lives,which has brought good news to women who are unable to give birth or give birth due to physical or psychological reasons.No matter whether the act of surrogacy is legal in our country,we should recognize the fact that children born by surrogacy exist,and we cannot ignore the protection of their legal rights and interests.There are more and more cases involving surrogacy in China,and the custody case of longfeng fetus in Shanghai has pushed the issue of surrogacy to the top of public opinion.Whether the surrogacy agreement has legal effect,how to identify the parent-child relationship and who should bear the guardianship and rearing obligation have attracted the attention of scholars.The key to solve the legal problems caused by surrogacy is to establish the theory and system of parent-child relationship identification under surrogacy in law.By legislating the legal parents of children born by surrogacy and clarifying the rights and obligations of all parties involved in surrogacy,it is helpful to solve the problems of guardianship and inheritance caused by surrogacy,so as to effectively protect the rights and interests of children born by surrogacy.This paper mainly adopts the methods of literature research,comparative research,case analysis and empirical research to briefly introduce the concept and types of surrogacy,as well as the necessity of identifying the parent-child relationship of surrogacy and the relevant theories and theories,and respectively evaluate the advantages and disadvantages of the relevant theories and theories.Foreign countries are the source of the rise of surrogacy technology,and have long formed a relatively perfect legal system for the identification system of parent-child relationship of surrogacy.In order to find out the legal blueprint of the parentchild relationship identification system in surrogacy in China,this paper studies the legislation of the rules of parent-child relationship identification of surrogacy in two countries with typical legal systems.This paper analyzes the legislative status and judicial status of parent-child relationship identification of surrogacy in China.Finally,based on the legal experience of various countries,based on the status of parent-child relationship identification in surrogacy in China,three legal Suggestions are put forward for the construction of the current parent-child relationship identification system in surrogacy in China.First,it is recommended that limited recognition of surrogacy be legalized.Second,it is suggested to clarify the principles of the relationship between parents and children under surrogacy.Thirdly,it is suggested to make specific rules for the identification of parent-child relationship according to the type ofsurrogacy.That is,under the two different types of surrogacy,gestational surrogacy and genotype surrogacy,the identification methods of parent-child relationship are discussed in different situations.It is hoped that through the research on the identification of the parentchild relationship of surrogacy,the author will find a way to identify the parent-child relationship of surrogacy,provide theoretical and practical help to solve other surrogacy disputes,and effectively protect the legal rights and interests of minors.