Custody Attribution Research

As the so-called "economic foundation determines the superstructure",under the current social background of rapid economic development,the traditional concept of marriage and family is constantly being reformed.With the change of concept and the increasing neglect of family and responsibilities by adults,the marriage rate in our country is low.,the divorce rate continues to be high,the phenomenon of illegitimate births is frequent,and surrogate children frequently appear.The occurrence of the above phenomenon not only has an impact on traditional moral concepts,but also puts forward higher requirements for my country's marriage and family system: when disputes arise between adult individuals,how to protect the interests of minors in the family to the greatest extent;When parting ways,how to scientifically determine the ownership of the custody of minors in the family;how to improve the stability of each family to promote social harmony.The promulgation of the Marriage and Family Section of the Civil Code has realized the return of the marriage law,and the marriage and family system in our country has been continuously improved.Today's society pays attention to safeguarding the rights and interests of minors.From the perspective of marriage and family law,classifying and studying the issue of the ownership of the custody of minor children is not only Being able to respond to new problems in judicial practice is also beneficial to the improvement of relevant systems.This paper takes the ownership of child custody under the background of divorce as the general situation,and takes the custody of illegitimate children and surrogate children as special cases.When determining the ownership of custody,the principle of the best interests of the child is the basic principle throughout.In addition,when determining the ownership of custody of illegitimate children and surrogate children,the identification of parent-child relationship should be used as the premise to improve the existing parent-child relationship confirmation system.,so as to better apply my country's current laws on the ownership of the custody of minor children;in the context of surrogacy,when the surrogate mother and the entrusting couple compete for the custody of the surrogate child,the validity of the surrogacy agreement signed by both parties should be denied.Under the guidance of the principle of the best interests of the child,the parent-child relationship is determined to determine the ownership of the custody of the surrogate child.