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A Study On The Determination Of Parent-child Relationship Issues Under Surrogacy

Posted on:2018-08-01Degree:MasterType:Thesis
Country:ChinaCandidate:P WangFull Text:PDF
GTID:2346330515490467Subject:legal
Abstract/Summary:
The rapid development of modern medical science and technology is a double-edged sword,brings the human gospel at the same time,but also the traditional ethical order,family concept,parent-child relationship and so have a strong impact.As a part of artificial assisted reproductive technology,surrogate technology satisfies the desire of many infertility patients to raise children,and on the other hand,it has caused great moral and moral controversy,which leads us to deviate from the cognition of parent-child relationship.China is currently strictly prohibit the surrogate childbearing.But cannot be ignored is that the phenomenon of surrogate birth more and more common,resulting in custody,custody and other litigation disputes are increasing.I believe that the issue of parent-child relationship is to solve the problem of surrogacy related to the core of the key issues.Therefore,this article has studied and discussed the problem of cognition of parent-child relationship under the intercourse and fertility,and put forward my viewpoints,hoping to be helpful to the establishment of the system of parenting relationship.This article is divided into the following four parts:The first part is an overview of the basic problems of surrogate birth.To solve a series of problems caused by surrogate birth,we must first fully understand the nature of surrogate birth.Therefore,this part mainly includes the reasons for the rise of surrogate,the connotation of surrogacy and the main types of content.The second part is about the generation of childbearing relationship between the confused.The root cause of the ethical controversy caused by the surrogate birth is the obstacle to the parent-child relationship.In this part,the author analyzes the challenge of the rule of parenting relationship to the traditional parent-child relationship and reconsiders the ethical problem of parent-child relationship.At the same time,the author reviews the four theories on the relationship between parent and child,and summarizes the pros and cons of various theories.The third part is the study of the internal and external legislation of parenting relationship.The author analyzes the legislation of the relevant countries or regions in the recognition of parent-child relationship.Anglo-American law countries generally have an inclusive attitude towards surrogate births and have established a system for rationalization of parent-child relationship.Civil law countries generally prohibit surrogate birth,therelationship between parent-child relationship and no special legislation.At present,China is forbidden to surrogate,lacking of relevant legislation.in the generation of parent-child relationship is also a lack of reasonable basis.To this end,the author conducted a thorough analysis of thisThe fourth part is about the legislation of the parent-child relationship in the surrogate childbirth.This chapter concludes with a summary of the basic principles that should be followed and the identification of parent-child relationships under different types of surrogate births.Analyzes the necessity of the construction of the system of surrogacy and parenting,and puts forward their own suggestions on the establishment of specific system.
Keywords/Search Tags:Surrogate, surrogate mother, parent-child relationship, custody
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