Research On The Legal Status Of Surrogate Children

With the development of artificial reproduction technology and the increasing number of infertility patients Surrogacy technology has successfully helped infertile families achieve their desire to have children,At the same time,surrogacy has also split the relationship between childbirth and blood relationship,which is very important to my country’s traditional fertility.Although surrogacy has been prohibited,underground surrogacy still emerges in an endless stream,which poses a great challenge to the judicial practice in China.This article analyzes various theories on the determination of the parent-child relationship of surrogate children,draws lessons from the legal status determination of surrogate children in foreign countries and puts forward legislative suggestions for the determination of the legal status of surrogate children in my country,with a view to making a modest contribution to safeguarding the legal rights and interests of surrogate children in China.This article removes the introduction and divides the article into the following four parts:The first part defines the specific concept of surrogacy.Including the connotation of surrogacy and surrogate children,the characteristics of surrogacy,the classification of surrogacy,Then this paper illustrates the necessity of identifying the legal status of surrogate children,from the perspective of the protection of the rights and interests of surrogate children,and the protection of the rights of surrogate subjects and the practical needs of surrogacy.The second part focuses on the existing dilemma in the determination of the legal status of surrogate children.It is mainly divided into three aspects,namely the dispute over the legality of surrogacy,the different standards for determining the parent-child relationship of surrogate children,and the guardianship of surrogate children,The right to know,inheritance and other rights.The third part selects the typical countries the right to learn the truth,the right of succession and other rights as well.adopting characteristics of the legal status of surrogate children in these countries.It mainly introduces the legislative provisions of the United Kingdom,the United States,Germany,and France.In addition,the egislative provisions of the People’s Republic of my country are reviewed and analyzed in order to lay the foundation for the relevant legislation of China.The fourth part mainly puts forward legislative suggestions for establishing the legal status of surrogate children in China.First of all,the legalization of conditional free surrogacy is clearly defined in legislation,Secondly,the basic principles and specific provisions for determining the legal status of surrogate children are proposed,Next the qualifications and rights and obligations of both parties that should be stipulated in the legislation are elaborated.Finally,it expounds on the guardianship,the right to know,the right of inheritance and the fulfillment of the maintenance obligation of the surrogate child’s legal status.By proposing legislative suggestions for the recognition of the legal status of surrogate children,we could probably better safeguard the legitimate interests of surrogate children,promote the harmony and stability of the family and society,and maintain legal authority.