The Enlightenment Of The Practice Of International Private Law On The Identification Of Parent-child Relationship In European Cross-border Surrogacy To My Country

Currently,Europe is the most important continent for cross-border surrogacy activities.Its rich legislation and practice could largely reflect the international practices in the determination of legal parentage in cross-border surrogacy.Relevant legislation in China on the determination of legal parentage in cross-border surrogacy is of ambiguity,and there are also judicial practice issues which cannot adapt to the frequent disputes in determining legal parentage in cross-border surrogacy.Therefore,it is particularly important to explore a China's approach by learning from the choices of major European countries and regions.This article,therefore,focuses on how to determine legal parentage in cross-border surrogacy by using comparative analysis,empirical analysis and other research methods,analysing the legislation and practice of major European countries and regions,in order to put forward relevant suggestions for Chinese enhancement.This article mainly lays out three chapters.The Chapter 1 mainly introduces the basic theory of legal parentage determination in cross-border surrogacy in the context of private international law.The Chapter 2,after describing the necessity of learning from the legislation and practice in Europe,analyses the practice of major European countries and the European Court of Human Rights on the determination of cross-border surrogacy parent-child relationship cases,drawing out the general European approach respectively in jurisdiction,applicable law and recognition of foreign legal instruments in this kind of case.Based on the approach of Europe,Chapter 3 then presents the current Chinese legal inadequacies and puts forward a set of suggestions on enhancing the Chinese legislation of private international law in dealing with the cases of determining legal parentage in cross-border surrogacy.