Studying On The Identification Of Parentage Under The Human Assisted Reproduction

At present, human assisted reproductive techniques have appeared in medical science. They are mainly used to treat sterility. The appearance of these techniques has great impact on modern ethics principles as well as on human traditional normal reproduction. These techniques put forward a great deal of challenges for the current legal system. They have special impact on the identification of parentage in traditional civil law. The application of these techniques makes the traditional identification of parentage not totally suitable. Many countries have made correlative laws on how to identify the parentage of a child under the human assisted reproduction. But China has not yet regulated the rules. So it is necessary to make further study.This thesis is divided into three parts, including the introduction, the text and the conclusion.In the introduction, the background and purpose of writing the thesis are briefly introduced.The text has three chapters. The first chapter introduces the concept and types of the human assisted techniques, the historical development and the current situation of the techniques in China. Nowadays, the techniques people are using and studying include artificial insemination, invitro fertilization and embryo transfer and so on. The human assisted reproductive techniques have broken the natural unification of birth and heredity, and have also broken the trinity model of sex, marriage and birth. And the techniques make the consanguinity not so necessarily related to pregnancy. So the traditional identification of a child's parentage is not suitable for the child born under human assisted reproductive techniques.The second chapter talks about the identification of a child, when the wife is the breeding person. Under such circumstances, according to thehereditary material-----the different sources of sperm and ovum, the textcarries on the research about the parentage. Though different countries have different correlative legislations and legal precedents, they generally protect the interests of the child. Comparing and considering the laws and legal precedents of various countries, author proposes to identify a legal mother according to the birth fact and identify a legal father according to the child born in wedlock. The husband's agreement before surgery will restrict his right of denying the child.The third chapter talks about the identification of the child, when another woman (not the wife) is the breeding person. Though China forbids surrogate mother, comparing and considering the laws and legal precedents of various countries, author proposes that surrogate mother should be permitted to some degree in China. When identifying the parentage of the child born by the surrogate mother, author proposes to take the child's best interests as the principle and to break through the traditional view that mother is the person who gives birth. The rules should be settled that hereditary parents are legal parents.The conclusion reviews the whole text briefly and summarizes the author's opinion.