Studying On The Identification Of Parentage Under The Surrogacy

With the development of the economy and social progress, people’s moral values alsochanges quietly. The changing is more outstanding and fetched attention on the aspects ofmarriage and family, and the surrogacy is a true reflection of the changing. Surrogate birthbehavior appears with the developing of the human science, technology and society, and itis a result of human reproductive technology development. Surrogacy in British, the USAand other western countries has a long time history, and now it also has the widespreadapplication in these countries. In recent years, surrogacy phenomenon has also increasedslowly in our country. On one hand, the generation of surrogacy has brought hope to theinfertile couples, and on the other hand it has met many problems. The model of thesurrogate birth is different from the model of the natural birth, and it caused great impacton the transitional parental rights, so our country expressly prohibits any health careinstitutions and the medical staff to implement the reproductive behavior of the surrogateby law. But in practice, private surrogate or abroad surrogacy have often occurred, and thelaw should regulate the identity of the surrogate children. If not regulated, it will lead tomore contradiction and disputes about the identity of the surrogate children. Judicialauthorities can’t refuse to make the appropriate ruling because of the law not makingprovision for the identity of the surrogate children. Although the surrogacy behavior hasn’tgot the legislative permission, identity of the surrogate is very important due to the needsof specific judicial practice.This paper is divided into four sections, and the overview of surrogate birth is givenin the first chapter, and has also analyzed of the rationality and legal support of thesurrogate births in today’s society; The second chapter raises the problems of surrogatechildren identity, and the identity of the traditional children were introduced; The thirdchapter makes an analysis of the identity of surrogate children in other countries andregions, and it does some comparison and comment of the different identity of thesurrogate children in Common Law and Civil Law; The law construction of the identity ofsurrogate children is given in the forth chapter, from the existing standard principle, the chapter makes a distinction between identity of different surrogate birth children, andsuggestions had been got.