Research On The Ownership Of Guardianship Of Surrogate Children

The progress of assisted reproductive technology has brought hope to infertility patients all over the world.More and more families are willing to choose the way of surrogacy.But behind the development of surrogate technology,we are facing major challenges.In essence,surrogate technology breaks the traditional natural reproductive mode and forms a more complex parent-child relationship,which leads to frequent disputes over the ownership of custody of surrogate children in recent years.Faced with this situation,we should make it clear that no matter what attitude our country takes towards surrogacy,the legitimate rights of minor children should be protected by law indiscriminately.Therefore,the purpose of this paper is to protect surrogate children,to clarify the ownership of custody of surrogate children,and to protect the legitimate rights and interests of minors through legal means.This article comprehensively uses case analysis method,comparative analysis method and literature research method to analyze the attribution of custody of surrogate children.Based on the investigation of theory and practice,the first case of custody dispute of surrogate children in China is sorted out,and the author's attitude is put forward to demonstrate the core point of the article:on the premise of adhering to ethics and morality,taking "the mother of childbirth" as the definite generation.The legislative basis of the ownership of custody of pregnant children is the principle of "the best interests of the children" as a judicial supplement.In addition,through the comparative analysis of the legal provisions on guardianship of surrogate children in some countries and regions outside the region,this paper provides a new way for our country to formulate relevant laws and regulations.The main body of this article mainly includes the following four parts:The first part is the introduction,starting from the first case of surrogate child custody disputes in China,which triggers the main research issues,namely,determining the ownership of the custody of surrogate children;the second part discusses the basic issues related to the custody of surrogate children,in order to lay the foundation for understanding the research object of this paper,which introduces four kinds of surrogate pregnancy.The third part investigates the attribution of guardianship of surrogate children from the perspective of comparative law,taking typical countries and regions in common law system and continental law system as research objects,and through comparative analysis of legislation,the article tries to give some enlightenment to the determination of the attribution of guardianship of surrogate children in China.The fourth part is devoted to the construction of the applicable principles of custody of surrogate children in China.Firstly,the first case of guardianship disputes of surrogate children in China is analyzed in detail.At the same time,the views of scholars are introduced and the author's views on this case are put forward.In view of the main problems in the judicial practice of our country,the basic principles of ascertaining the ownership of guardianship of surrogate children are determined.Based on the basic principles,this paper puts forward specific suggestions on the ownership of child custody under the two modes of surrogacy:full surrogacy and partial surrogacy.Only in this way can we effectively solve the custody disputes of surrogate children,and to a greater extent protect the legitimate rights and interests of surrogate children.