Research On The Confirmation Rules Of Parent-child Relationship In Surrogacy

China has adopted the position of a total ban on surrogacy,and any form of surrogacy has not been recognized by law,so the validity of the surrogacy contract is not confirmed.As for the parent-child relationship,China’s laws and judicial interpretations stipulate the parent-child relationship between parents and their biological children,between parents and their foster children,between parents and their stepchildren who form the relationship of raising and education,and between parents and artificially produced children,but there are no regulations on the parent-child relationship of surrogacy children.Due to the lack of legal basis,there are differences in judicial practice in the handling of surrogate parent-child relationship disputes:Some courts hold that surrogate children establish parent-child relationship with the entrusted couple;Some courts hold that the surrogate child establishes a parent-child relationship with the surrogate mother and her husband;Some courts hold that surrogate children establish parent-child relationship with the entrusting husband and surrogate mother......In the absence of legal norms and judicial practice has not reached the premise of a unified adjudication rules,we should establish a surrogate parent-child relationship confirmation rules under the position of the ban on surrogacy:establish a paternity relationship between the trustor(or surrogate mother)and the surrogate child based on the principle of the best interests of the child as the principle of the confirmation rules of the surrogate child relationship,and apply the civil norms concerning parental relationship and the protection of the interests of children,so as to effectively protect the legitimate rights and interests of children born through surrogacy.