On The Legal Issues Of Parent-child Relationship Affirmation In Surrogacy

Children are the source of parents’ happiness,the strength of parents’ striving,the continuation of parents’ life.With the development of science and technology,natural conception is no longer the only way of gestating life,which has already been partly replaced by artificial reproduction.As part of the family of artificial reproductive technologies,surrogacy is conducive to the integrity of the family,but it also brings many problems.It breaks the belief that "the childbirth person is the mother",which has caused a certain impact on the traditional parent-child relationship recognition.Throughout all the countries（regions） around the world,most countries（regions） prohibit surrogacy and consider it illegal,however,a lot of countries believe that the surrogacy are restrictively legal.Due to the unequal laws,the affirmation of parent-child relationship of surrogacy is also different.In China,though the surrogacy is prohibited,and illegal this doesn’t mean that the affirmation of parent-child relationship of surrogacy can be ignored.This is the consensus that there is no consensus has been reached on the affirmation of parent-child relationship of surrogacy at present,Thus the problem that how to affirm the parent-child relationship of surrogacy needs to be solved urgently.This paper talks about the basic principles and specific norms for the identification of parent-child relationship on surrogacy from the reality of China,with comparing and studying the theoretical views and practical experience on the affirmation of parent-child relationship of surrogacy in overseas countries（regions）.This paper can be divided into four parts: 1st part states the basic issues about the affirmation of parent-child relationship of surrogacy,which defines the concept,classification and agreement of surrogacy,and then demonstrates the necessity of the affirmation of parent-child relationship of surrogacy.2nd part analyzes the status quo of the affirmation of parent-child relationship of surrogacy in China,which is followed by the statement about the shortcomings of the affirmation of parent-child relationship of surrogacy in China at present by inducting and analyzing the theoretical disputes on the affirmation of parent-child relationship of surrogacy in China.3rd part refers to the legal provisions of the parent-child relationship affirmation of surrogacy in Taiwan and other countries.Final part puts forward the basic principles and relevant legislative suggestions on the affirmation of parent-child relationship of surrogacy in China.