Research On Private International Law Issues Of Cross-border Surrogacy

With the continuous expansion of the surrogate market,transnational surrogate market is also quietly prevalent.There are different legal attitudes towards transnational surrogacy in the world.In terms of the legitimacy of surrogacy,different countries have different attitudes,there are completely prohibited surrogate,there is no provision for surrogacy and allow surrogacy;In determining the parent-child relationship,there are four criteria to determine:childbirth,blood,willingness,best interests of children;In terms of the effectiveness and enforcement of the surrogate agreement,some countries consider that the surrogacy agreement is effective and enforceable and some countries consider the surrogacy agreement to be effective but partially enforceable.In transnational surrogacy,because there is no unified entity law to adjust the legal relationship between transnational surrogacy,it is necessary to adjust the way through the conflict norms.In the first aspect,the application of the law of transnational surrogate agreement can apply the principle of autonomy of will under certain conditions and the principle of the most closely connected can be applied when the parties have no agreement.The third is that in the application of the specific laws of transnational surrogacy,the application of the law should be applied to the law of the transnational surrogate.Rational use of public order to retain.China’s private international law does not have any legislation on the application of transnational surrogacy laws,then the protection of international private law of transnational surrogacy should adhere to the principle of voluntary equality,in line with the principle of family planning in China,the legal relationship between the parties to the legal rights and interests of the parties,the best interests of children Principles and the relevant specific provisions to make the appropriate changes and improvements.