Research On The Identification Of Parents Of Surrogate Children

As a gray area full of ethical and moral disputes in the field of artificial assisted reproduction,surrogacy severely impacts the parent-child relationship constructed by the traditional family concept and blood relationship,as well as the concept of human rights and anti-exploitation behavior in the moral field.On the other hand,it indeed brings hope to many infertility patients who have fertility difficulties.Since there is no social consensus,for a surrogate technology in China has also been stick to the red line,adopting a total ban on model,and the continuous development of reproductive technology and society,the rigid demand for fertility and makes it hard for a surrogate technology completely banned,there are still a lot of people in the chip of law,thus produced many of the problems,especially a surrogate children rights and interests is difficult to protect.Due to the breaking of the identity of blood relationship and delivery,how to identify the parents of surrogate children has become a big problem.The lack of legislation leads to the phenomenon of different judgments in the same cases in judicial practice.As a country at the forefront of the development of artificial reproduction,the United Kingdom has relatively perfect regulations on surrogacy.This paper collected,analyzed and sorted out the regulatory laws and relevant judicial decisions,so as to put forward judicial and legislative suggestions on the identification of the parents of surrogate children in China.Apart from the introduction,the text is divided into four parts:The first part briefly introduces the related theories of parent-child relationship identification in surrogacy and how to identify the parent-child identity in China’s laws,regulations and judicial practice.By comparing the traditional identification methods of parent-child relationship with the related theories of parent-child relationship identification in surrogacy,and combining with the current legislative status and judgment results in the standard and practice of surrogacy in China,this paper points out the problems that China is facing in the identification of the parents of surrogate children.It mainly includes the inapplicability of existing rules,the lack of unified standards in theory and the phenomenon of different judgments in the same case in practice.The second part sums up the rules and characteristics of the identity identification model involving public power in the limited open surrogacy by sorting out the legal changes and regulations in the field of surrogacy in the UK.The rapid development of artificial reproduction technology in the UK has made it difficult to ban surrogacy,which can only be regulated through a combination of restrictions.On the premise of limited open a surrogate,parents priority to guarantee foundation for children’s welfare and identity of reference substance of surrogacy contracts,formally introduced parental power transfer way,through applying for the parents to legal identity from the surrogate parents and their partners is transferred to the client side,the applicant’s family values change as the society and widened.These legal rules and institutional design experiences provide reference templates for the subsequent establishment of the identification rules for the parents of surrogate children in China.The third part analyzes some judicial cases involving the identification of the parents of surrogate children after limited open surrogacy in the UK,and concludes that the commonness in the judgment of the identification of the parents is based on the principle of maximizing the interests of the children as the substantive standard,and the core is to determine the legal identity of the surrogate children as soon as possible and stabilize the existing family relations.At the same time,legislators continue to amend the legislation in view of the common problems in judicial practice,making the law more humane and more operable.These problems should also be considered in the subsequent establishment of the identification rules for the parents of surrogate children in China.The fourth part,based on the above analysis and reference,puts forward two aspects of judicial practice and legislative prospect for the identification of the parents of surrogate children in China.In the current judicial practice,identity identification should be based on the principle of maximizing the interests of children,and the standard should be refined in different types of cases by means of surrogacy,willingness to bear and support and ability to support.In the perspective of legislation,it is proposed to establish a regulation model for the identification of surrogate children based on the contract of public power intervention under limited open surrogacy,which mainly includes limiting the types and subject qualifications of surrogacy,adopting a preexamination system for the arrangement of surrogacy,taking effect after the surrogacy agreement is approved,and establishing a parental right registration system.