Legal Analysis Of The First Case Of Dispute Over The Parent-child Relationship Of A Surrogate Child In Shanghai

Human assisted reproductive technology,a kind of modern medical treatment,was developed in the 1970 s and has only been used for more than 30 years,but it has played a powerful role in solving infertility.Surrogacy technology is one of them.It refers to a method for the diagnosis and treatment of a child by a third-party woman who uses her own uterus instead of giving birth to a fetus for various reasons.Although surrogacy technology solves the problem of infertility,it is necessary to resort to the uterus of a third-party woman to break the natural fertility model and pose a huge challenge to the traditional parent-child relationship.This article takes the case of Luo Ji and Xie Ji v.Chen MouYing's parent-child relationship dispute in Shanghai as an example,and combines the main body of the court judgment to summarize the focus of the case,and further extension and analysis,and put forward their own suggestions for these issues.With the idea,the full text has three parts.The first part briefly describes the case and summarizes the three controversial points of the case: whether the surrogacy behavior is legal,the parent-child relationship between the entrusted mother and the surrogate child,and the ownership of the surrogate child custody.The second part,around the three controversial points,analyzes the different judgments of the first and second courts.The author believes that the former Ministry of Health's departmental regulations "Management Measures for Human Assisted Reproductive Technology" explicitly prohibits medical institutions and medical personnel from carrying out any form of surrogate surgery,and cannot of course introduce China's prohibition on surrogacy behavior,but only restricts the implementation of medical personnel.Surrogate surgery.The court of second instance found that the result of the judgment of the dependent parent and child relationship between the foster mother Chen and the surrogate child was reasonable and legal.The third part discusses the limited release of surrogacy from the perspective of restricting the access threshold of all parties involved in surrogacy,especially the qualifications of the two parties involved in the surrogacy act to entrust the couple and the surrogate mother.