Determination Of The Parent-child Relationship Of Surrogacy

The traditional rules of affirming parent-child relationship can not well cover surrogate parent-child relationship,so we should establish clear and specific rules of affirming surrogate parent-child relationship as soon as possible.Regardless of human rights,human relations and public order and good customs,surrogacy is unreasonable.China should strictly abide by the principle of prohibiting surrogacy and should not waver.The rules of affirming parent-child relationship in civil law countries are more suitable for our reference,but they should also be based on our national conditions.The identification of surrogate parent-child relationship in China should follow the following principles: the principle of "the mother of the child",the principle of maximizing the interests of children,and the principle of public interest.On the basis of this principle,specific rules for identifying different types of surrogate parent-child relationship are put forward: on the basis of surrogate mother as mother,the consigned couple of full surrogate pregnancy can obtain the parent-child relationship of surrogate children through the system of claiming illegitimate children under certain circumstances;the one who has blood relationship with surrogate children in partial surrogate pregnancy can claim it through illegitimate children under certain circumstances.The system obtains the parent-child rights of surrogate children,while the other party does not form the parent-child relationship with the surrogate children;the client couple cannot obtain the parent-child relationship of the surrogate children in the donor-embryo surrogate pregnancy;the client couple cannot obtain the parent-child relationship of the surrogate children in the compulsory surrogate pregnancy,regardless of the form of surrogate pregnancy,and the legal mother status of the surrogate mother can not be recognized;the only family is in full surrogate pregnancy.In the case of partial surrogacy,the parent-child relationship of the surrogate child can be obtained.If the surrogate mother is a free surrogate,the legal status of the mother can be exempted.