Studies Of Legal Parentage In Surrogacy Arrangement

With the development of the assisted reproductive technology, surrogacy isincreasingly utiliazed by the many parents. The surrogacy have the greatest impacton social ethics and the legal systems that based on traditional naturalreproduction.Human Assisted Reproductive Act prohibit medical institutions anddoctors using surrogate technology, however, this regulations failed to solve a seriesof follow-up questions.This regulations can't solve the problem that how todefiniting the legal maternity in surrogacy arrangement.Surrogate regulationsmode can be divided into three types: 1,Prohibiton Mode,in which mode ifengaged ia a surrogacy, the parties may be punished. 2,Adoption Mode ,in whichmode the law does not prohibit surrogacy.surrogate mother is the legalmother, intended parents want to become paents of the child must comply with theconditions and procedure of adoption. 3,Contracr Mode,in which mode the courtrespect of the contract agreement.based on the contract intended parents canbecome the parents of the child.Four standard was used th definiting the legalmaternity in gestational surrogacy arrangements. The greatest flaw of thechildbirth standard is that the child's parents vested because uncertain.Blood teststandard have the different ways to child and should not be adopted.Child'bestinterests standard very uncertain.Contract standard directly definite the intendedparents is the legal parents of the child.Contract standard have the stability todetermine who is the parents of the child and comply with the child'bestinterests.Therefore,this studies attempts to arrange the surrogate parentage basedon the legitimacy of surrogacy.