Research On Private International Law Issues Of Transnational Surrogacy

The maturity of human reproductive assistive technology has greatly promoted the development of surrogacy market and provided practical support for the implementation of surrogacy technology.However,due to the different legal attitudes of different countries around the world,cross-border surrogacy has gradually become popular,and Unofficial form,showing the characteristics of "underground" and " going abroad ".cross-border surrogacy brings the gospel to couples under the new family structure such as same-sex marriage,single-parent families and infertile couples all over the world.At the same time,due to the special nature of surrogacy,many countries lack legal regulations on surrogacy,The laws and regulations regarding surrogacy are very different,and the lack of uniform regulatory control has led to a variety of complex legal conflicts in cross-border surrogacy.The current legal conflicts in cross-border surrogacy are mainly manifested in the legality of surrogacy,the effectiveness of cross-border surrogacy contracts,and the identification of parent-child relationships in cross-border surrogacy.At the same time,few countries currently have special laws to regulate cross-border surrogacy,Most countries choose to apply the original foreign law applicable law,which makes the problems encountered by cross-border surrogacy in the practice of private international law increasingly prominent,and has caused widespread concern from governments,the Hague Conference on Private International Law,and human rights protection organizations.Relevant data and cases show that China is already in the tide of cross-border surrogacy,but our government has fundamentally denied the legitimacy of surrogacy.At present,China's existing laws do not regulate the related matters of surrogacy,and there is no clear definition of cross-border surrogacy Applicable laws and regulations,In addition,the issue of cross-border surrogacy in private international law itself is complex and involves all aspects of national systems,cultural traditions,medical systems,laws,politics,economics,,making cross-border surrogacy face many difficulties in China's relevant judicial practice.Private international law on surrogacy urgently needs legal regulation.This article focuses on the more controversial issues of cross-border surrogacy and private international law.The main content of the research is divided into four chapters:The first chapter is the basic problem of cross-border surrogacy.By defining the basic concepts of cross-border surrogacy and combining the development status of crossborder surrogacy,it provides a theoretical and practical basis for the study of cross-border surrogacy's international private law issues.The second chapter is the conflict of laws in cross-border surrogacy.Based on a comparison of conflict law rules in some typical countries regarding the legality of surrogacy,the effectiveness of surrogacy contracts,and the determination of parent-child relationships in cross-border surrogacy,this chapter delves into the main causes of legal conflicts.The third chapter is the application of law in cross-border surrogacy.On the basis of studying the conflicts of cross-border surrogacy laws,this chapter explores the legal application of cross-border surrogacy contracts and the identification of parent-child relationships in various countries,and proposes the causes and possible solutions of legal conflicts.The possibility of theory.The fourth chapter is the Chinese practice of cross-border surrogacy and private international law.On the basis of the current state of China's legal regulations on crossborder surrogacy,this chapter proposes the concept of coping with cross-border surrogacy legal conflicts in light of the problems existing in China's judicial practice,and provides new solutions for cross-border surrogacy issues in the future.More standard and avoid related legal conflicts and disputes.