Judicial Empirical Study On The Determination Of Parent-child Relationship Of Children Born Through Artificial Insemination

Artificial insemination technology,as a supplementary means to compensate for the shortage of natural fertility,has largely solved the fertility problem of infertile patients.Once a child born through artificial insemination is born,based on human dignity and subject status,their specific personal and property interests should be protected by law.It is imperative to determine the parent-child relationship of children born through artificial insemination.However,artificial insemination technology has broken through natural reproductive methods and challenged traditional rules for determining parent-child relationships.Traditional rules for determining parent-child relationships cannot effectively solve the problem of determining parent-child relationships among children born through artificial insemination,which is still worth studying to this day.By summarizing and analyzing the disputes over the determination of parent-child relationships among children born through artificial insemination,it is clear that the sample cases have the characteristics of a large proportion of divorce disputes,varying court judgment standards,and simple reasoning in the judgment documents.Analyzing the facts of sample cases and court rulings,it was found that there are difficulties in determining the parent-child relationship of children born through artificial insemination and the effectiveness of party autonomy in various situations.To solve these judicial difficulties,first of all.we should adhere to the guicling role of the principles of public order and good customs and the protection of the legitimate rights and interests of minors;Secondly,due to the limitations of blood relationship theory and childbirth theory,the meaning theory should be used as the standard for determining the parent-child relationship of children undergoing artificial insemination;Thirdly,because the act of artificial insemination by the recipient is an act of declaration of will,the provisions of civil legal acts can be applied to determine the effect of autonomy of the recipient;Finally,the provisions of the Civil Code regarding objections to parent-child relationships are the legal basis for lawsuits to confirm or deny the parent-child relationship of children born through artificial insemination.On this basis,by interpreting Article 40 of the Interpretation of the Marriage and Family Code(1),it is clarified that the standard of autonomy of will established in this article not only applies to the determination of parent-child relationship of artificially inseminated children born to the couple during the existence of the marriage relationship,but also to women whose marriage relationship has terminated Identification of the parent-child relationship of children born to single women through artificial insemination,and identification of the parent-child relationship of children born to women who have given birth and those who have agreed to use artificial insemination with the donor;Not only does it apply to the determination of parent-child relationship of children born through artificial in vitro fertilization,but it can also apply to the determination of parent-child relationship of children born through artificial in vitro fertilization.Specifically,if the children born through artificial insemination are the children of willing parents,the male and female subjects who have expressed their consent shall not file a lawsuit denying the parent-child relationship.If the consent has not been expressed or is invalid,the male and female subjects may file a lawsuit denying the parent-child relationship.Among them,the subject’s declaration of will can be expressed in written,oral or positive behavior,which can be made before or after the operation.In addition,if the male and female subjects reach a unanimous agreement,the unilateral withdrawal of the male party will not have the legal effect of changing the parent-child relationship;Knowing the identity of the donor does not directly lead to the establishment of a parent-child relationship between the donor and their children;The validity of the informed consent form covering the treatment process of multiple embryos signed by the recipient during the duration of the marital relationship or cohabitation period will be blocked by the fact of termination of the marital relationship or cohabitation relationship.