Research On The Legal Issues Of Parent-child Relationship Identification Under Artificial Reproductive Technology

With the continuous development of science and technology,artificial reproductive technology has emerged.The technologies bring great hope to people while also bringing great challenges,especially having a far-reaching impact on the rules for determining the parent-child relationship in traditional family law.The original rule system can no longer be fully applied under artificial reproductive technology.In addition,the application of reproductive technology can solve the problem of couples' fertility,but it breaks through the traditional sexual intercourse reproduction model,making the identification relationship between parents and children deadlocked.Artificial insemination breaks through the traditional identification of the father,and embryo transfer technology breaks through the identification of the traditional mother.If the intergenerational transmission of genes is still used as the standard for determining the parent-child relationship,the purpose of medically assisted reproduction will be defeated.Therefore,after the intervention of artificial reproduction technology,how to determine the parent-child relationship in artificial reproduction technology has become an unavoidable problem.Every country is working hard to make breakthroughs to clarify the parent-child relationship of children born by artificial reproductive technology and protect the legal rights and interests of minors.Based on the analysis and combing of theories,the research drew on the legislation of other countries or regions,combined with the case of our country,put forward personal views,and put forward legislative suggestions for the identification system of artificial reproduction parent-child relationship with the domestic legal system as the background.At present,China does not have specific provisions on the principle of the determination of the artificial reproductive parent-child relationship.The author believes that the artificial reproductive parent-child relationship legislation should adhere to the dominant position of the principle of the childbirth.In the confirmation of parent-child relationship,the principle of consent is used as the main measurement standard,and for surrogacy,the principle of the best interests of the child is taken as the supplementary identification standard for parent-child relationship.For cases of fraud and coercion in the process of artificial reproduction,the party subject to fraud or coercion can file a complaint of denial of the parent-child relationship within acertain period(one year)in order to block the generation of the parent-child relationship and protect its legal rights and interests.