Case Analysis On The Identification Of Parent-Child Relationship Under Artificial Assisted Reproduction Technology

The development of assisted reproductive technology(ART)has further enhanced the ability to control fertility.Many people with fertility disorders have achieved their reproductive goals by the application of ART.The application of assisted reproductive technology makes artificial intervention in the process of natural reproduction,and it leads to the fact that the traditional identification of parent-child relationship formed under the natural reproduction cannot properly solve the problems resulted from the application of ART.Through the sorting and analysis of judicial cases,there are three main dispute issues in the cases of parent-child relationship identification in ART:First,the issue of determining of competent litigants;second,the issue of rules for identifying parent-child relationship;and third,the issue of custody,guardianship and visitation rights.The above three issues involve procedural law and substantive law,and are closely related to each other.The issue of determining of competent litigants is the premise for the litigation activities to be carried out in accordance with the law,and resolve disputes effectively;After determining the competent litigants of the litigation,the identification of parent-child relationship is the most important issue to be resolved,and the attribution of identity rights is also premised on the existence of parent-child relationship.The three issues are interrelated,so it is impossible to bypass the other two when discussing the rules for the identification of parent-child relationship in assisted reproduction.Firstly,the claims for the identification of parent-child relationship are not limited to disputes over confirmation of parentage.In order to protect the legitimate rights and interests of other relatives who have an interest in the parent-child relationship,close relatives shall be allowed to raise claims for identification of parent-child relationship in litigations related to the rights of identity,when necessary.But this appeal should not go against the true intention of parents and children.Under the cause of identifying the parent-child relationship,the subject of identity rights in parent-child relationship shall be the competent litigant.And for the purpose of preventing abandonment,minor children shall be allowed to file a parent-child relation identification lawsuit in their own name represented by their legal agents.Secondly,for the identification of the parent-child relationship in assisted reproduction technology,the best interests of the children must be prioritized,and at the same time we should respect the reproductive will of the litigants concerned.Thirdly,regarding the attribution of identity rights such as custody,guardianship,and visitation,the best interests of the children should also be given priority,and the identification of the best interests of the children should be detailed.At the same time,grandparents should be given the right to visit their grandchildren.Finally,for the protection of reproductive rights,we can allow surrogacy limitedly in our country by some implements,respect the reproductive will of the litigants,and establish a parent-child relationship identification mechanism that connect administrative and judicial procedures.