A Study On The Determination Of Parentage For Children Born By Reproductive Technology

The development and use of reproductive technologies affects human bearing model, marriage and family ideas, social ethics and morals, laws and so on, especially impacts the parentage of children in traditional civil law, which can not be applicable for children's parentage under assisted reproduction. Countries define the parentage for children bone by reproductive technologies based on the breakthrough of traditional rules. Author attempts to find reasonable rules through comparison and reconsideration of the laws, regulations and cases of several countries, and through self-criticism of laws and regulations with regard to assisted reproduction in our country.The text is divided into three chapters apart from foreword and conclusion.The first chapter studies the attack of reproductive technologies on traditional determination of children's parentage. The artificial reproductive technology has broken the natural unification of birth and heredity, dissevered the roles of parents and caused the conflict of biological parents, genetic parents, sociological parents. Consanguinity has not been the tie of the determination of children's parentage and the traditional determination can not be applicable under reproductive technologies.The second chapter is the comparative studies on the determination of parentage for children under reproductive technologies in several countries. The traditional rules can not be applicable under reproductive technologies, so countries make laws, regulations and cases according to its value with a view to determine children's parentage. They all hold that child bone by reproductive technology through husband's consent is considered to be the legitimate child, while donor is not the parent of that child. Surrogacy is permitted with restrictions and cloning is forbidden.The third chapter constructs the rules of children's parentage under reproductive technologies. Author makes self-criticism of laws and regulations with regard to assisted reproduction in our country and then brings forward concrete rules on children's parentage under reproductive technologies upon the principles of Children's Best Interest, Written Consent and Keeping Secret. The traditional rules are still applicable as to the child bone with husband's sperm. We should make breakthrough of the traditional rules when wife uses the sperm of donor to bear a child. Surrogacy with donor's embryo and cloning are forbidden.