Surrogate Child Custody Study

With the continuous development of surrogacy technology and the increasing demand for surrogacy in real life,more than 10,000 children are born through the "black market" of surrogacy in China every year,according to a report on the current infertility situation in China released by the China population association.In the face of so many surrogacy children,whether the current system of surrogacy in China can effectively maintain the right of custody of surrogacy children,and whether there will be different judgments when the court tries the case of the right of custody of surrogacy children.With the above considerations in mind,the author searched the cases through the Chinese judgment document network and the Internet,and found two cases that were in line with the study.In this paper,based on a case of writing on the basis of combing and summary,through the material of mining,the author found that the court case in surrogate child custody cases,summarizes a surrogate child custody after further study the referee between different behind the court on the legality of surrogate,the cognizance of artificial blood,a surrogate children the cognizance of the parent-child relationship,the effectiveness of the surrogate agreement didn't agree this four aspects.In order to clarify the above four controversial points,the author sets up a theoretical framework for each of them and based on this,puts forward the author's own views that surrogacy should be prohibited,that a new kind of artificial blood relation should be formed between the entrusted surrogacy party and the children of surrogacy,that the childbirth person is the legal mother of the children of surrogacy,and that the surrogacy agreement is invalid.And the crosswise comparison of Germany,France,Britain and other countries of the surrogate system,the author thinks that one of the causes of different surrogate child custody in our country the referee is not in special laws in our country forbid surrogate,resulting in hunan changde dingcheng district court in judicial practice as law does not forbid surrogate,surrogate legal and will therefore surrogate custody of the children to the entrusting a surrogate.However,the people's court of minhang district in Shanghai considered surrogacy illegal and finally did not award the custody of the children to the entrusted surrogate.Therefore,in terms of the improvement of the surrogacy system,the author believes that we should learn from thelegislation of foreign countries and prohibit surrogacy in the narrow law of our country.After improving suggestions to the surrogate system,the author thinks that the most important thing is to solve current surrogate system under the background of custody of the children born via a surrogate,thus put forward a surrogate custody should not affect the legality of the referee,the surrogate mother in the eyes of the law for a surrogate children,consider a surrogate children interests determine custody belongs at four o'clock,the surrogate agreement differs from ordinary civil judicial practice recommendations,in court when the same type cases can better safeguard the interests of the surrogate children.