On The Legal Application Of Surrogacy In Our Country And The Determination Of The Parent-child Relationship Of Surrogate Children

The demand of social development promotes the progress of science and technology,and the progress of science and technology promotes the development of society.The two complement each other and cause and effect each other.Surrogacy technology is a technology born under the promotion of social development.This technology alleviates the problems of families unable to have children to a great extent.At the same time,it also led to the discussion of the legitimacy of surrogacy by the social and legislative departments.Different countries and regions have different attitudes towards surrogacy.As we all know,surrogacy technology originated in California.Under the publicity and reports of the media,surrogacy and related reproductive technologies are gradually known by the public.Many scholars have discussed this phenomenon.The state has established the legal status of reproductive technology in the form of legislation,and made clear the rights and obligations of surrogacy parties,the legal status of children born by surrogacy and their parents.Different from the tolerant attitude of the United States towards surrogacy,many European countries prohibit surrogacy and prohibit surrogacy in the form of legislation.At present,the law in the field of surrogacy in China has been in a blank state.Although the Ministry of health explicitly prohibits medical institutions and medical staff from implementing surrogacy,it does not stop organizations and natural persons outside medical organizations from implementing surrogacy,which provides space for the development of folk surrogacy.At present,surrogacy technology has long been overcome,and the number of families unable to have children for various reasons is gradually increasing.However,the combination of the two needs the way of law,establish the legal status of surrogacy technology,build a bridge between surrogacy technology and families with reproductive needs,and realize the effective combination of the two.At present,China’s surrogacy industry chain has quietly sprung up.Under this situation,the law,as the minimum standard to regulate public behavior,needs to regulate this phenomenon.Indifference or one size fits all prohibition is not in line with the actual situation.If it is strongly prohibited,the needs of the public can not be met,which will inevitably lead to the underground of surrogacy,which will lead to more social problems.Based on the above background,this paper studies this subject in the form of case study,small sample study and small-scale interview.If we want to have a detailed discussion on the legal application of surrogacy and the current situation of parent-child relationship identification in China,we need to clarify the birth background,development history,related concepts of surrogacy and the basic types of surrogacy contract,so as to lay a solid theoretical foundation for the study of this subject.This is also the basic content of the first and second chapters of this paper,which can be summarized as the first part of the article.After that,the third and fourth chapters of the article elaborate on the surrogacy contract in detail.The legitimacy of the surrogacy contract is demonstrated from the perspective of public order and good customs and judicial application.In addition,it expounds the rights and obligations of both parties to the surrogacy contract.The above four chapters,whether the basic theory or the discussion related to surrogacy contract,lay the legal basis for the establishment of surrogacy parent-child relationship in Chapter 5 and Chapter 6.The third part is based on the legitimacy of surrogacy contract.The determination of parent-child relationship is not only the core of surrogacy,but also the key to the most prone problems in surrogacy,which is also the focus of this paper.This paper adheres to the ideological policy that theory originates from practice,and lists relevant cases to support the theory.The author hopes to promote the process of surrogacy legislation in China,provide a relatively detailed legislative basis for surrogacy legislation,and contribute to surrogacy legislation in China.