Study On Public Policy In Transnational Surrogacy Disputes

Different attitudes towards surrogacy have led to the emergence of transnational surrogacy.With the development of globalization and medical technology,the phenomenon of transnational surrogacy has gradually expanded.At the same time,the number of transnational surrogacy disputes is increasing.As an important and longestablished legal system in the field of private international law,the preservation of public order has its unshakable status and role in the settlement of transnational surrogacy disputes.However,it is inappropriate to apply this principle to indiscriminately deny the extraterritorial effectiveness of transnational surrogacy.When facing transnational surrogacy disputes,each country should reasonably use the reservation of public order according to the specific type of case.This article is mainly divided into the following three parts:The first part is a brief introduction to the basic issues of public order reservation in transnational surrogacy disputes.With the development of artificially assisted reproductive technology,surrogacy makes it possible for infertile parents to have their own children.Due to the differences in surrogacy regulations in different countries,transnational surrogacy came into being.Transnational surrogacy has raised issues of private international law regarding the validity of surrogacy agreements and the determination of the parent-child relationship of surrogate children.In the transnational surrogacy disputes,the public order is mainly manifested in the legal regulations of various countries on surrogacy,the relevant provisions on the determination of parentchild relationship and the ethics of surrogacy.The role of public order retention in transnational surrogacy disputes is mainly reflected in the exclusion of the application of foreign surrogacy laws and the refusal to recognize foreign court decisions.The second part focuses on the specific application of the reservation of public order in the disputes of transnational surrogacy agreements.Common types of disputes in transnational surrogacy agreements include disputes over the effectiveness of surrogacy agreements and disputes over compensation for personal damage caused by surrogacy.According to different types of cases,disputes of transnational surrogacy agreements can be divided into rights-based disputes and prerequisite disputes.If the claim of the parties directly stems from the surrogacy agreement,taking into account the maintenance of the public order in the country,it should be rejected by applying the public order,and judged in conjunction with individual cases.When the effectiveness of transnational surrogacy agreements is a prerequisite for resolving civil and commercial cases,it is recognized that transnational surrogacy agreements do not constitute a disruption of the country 's public order.At the same time,considering the protection of the parties 'vested rights,in this case,the court needs to apply the principle of public order reservations with caution.The third part mainly introduces the specific application of public order reservation in the transnational surrogacy disputes.Disputes on parental rights of transnational surrogacy mainly include disputes on the determination of parent-child relationship,custody of surrogate children and custody disputes.From the perspective of the applicable standards of public order reservations and the protection of children 's interests,it is unreasonable to invoke the public order reservations to refuse to recognize the parent-child relationship of the intended parents and surrogate children in the transnational surrogacy parental disputes.For the application of public order reservations in transnational surrogacy parental disputes,it is recommended to distinguish between surrogacy behavior and identification of identity relationships,while strictly following the objective results of public order reservations,and taking the principle of children 's best interests as an important reference factor for comprehensive evaluation.