Surrogacy Identification Of The Parent-child Relationship

The depth use of human assisted reproductive technology-surrogate--help many infertility patients achieve fertility desire.But the new life science and technology breaks through the traditional natural reproduction of the gene and reproductive in an organic whole State.Surrogate technology objectively separates the fertility behavior and sexual behavior,create a legal problem that the mother of the gene and the mother of biology who is the surrogate child’s legal mother,namely how to identify surrogate birth parent-child relationship.The author use surrogacy identification of the parent-child relationship as the research topic,compares the legislation of several countries and regions,and analysis the current four kinds theories of the surrogate birth of parent-child relationship.Based on this,the author puts forward that our country should adopt the conditional contract as the cognizance of surrogate birth parent-child relationship rules.The article is divided into four chapters,except the preface and conclusion.The first chapter through a case export this paper research topic.First of all,through introduce our country’s first custody dispute due to the generation of a surrogate,which leads to the research topic of this article — — surrogacy identification of the parent-child relationship.Secondly analysis surrogate basic problems,including the definition of a surrogate,the type of surrogate and the professional term related to surrogate.The second chapter discusses the necessity of re-establishing surrogacy parenthood.First of all introduced the traditional parent-child cognizance rules,including“the delivery as the mother”principle,the presumption system and the denial system.Secondly,from three angles argument that our country is in urgent need to establish surrogate birth parent-child relationship rules,including the surrogate birth impact on traditional parent-child relationship rules,the best interests of the surrogate children protection and the surrogate lead to the judicial practice of vacant.The third chapter introduction and analysis of the surrogate birth parent-child relationship legislation of the extraterritorial countries and regions,and its enlightenment to our country.On the one hand,from the point of view of outside introduces the Britain,the United States,Germany,France and China’s Taiwan region about the determination of surrogate birth of parent-child relationship rules.On the other hand,according to the experience of the outside,summarizes some enlightenment to our country surrogate birth,including our country should be limited to open the surrogate birth,our country should perfect surrogacy legislation,and make special provisions about the surrogate birth of parent-child relationship,is to adopt "conditional contract said."The fourth chapter discusses the system conception about our country surrogate birth parent-child relationship rules.First of all,from the angle of reality,right angle and the legal point of view argument that our country should limited open surrogate birth;Secondly analyzes the four kinds of theories about the surrogate birth parent-child relationship rules,then put forward that our country should adopt "conditional contract said" as the surrogate birth parent-child relationship rules.Finally as a basis,from five perspective put forward the legislative suggestions of the surrogacy contract,including the nature of the surrogacy contract,the applicable law of surrogacy contract,the surrogate contract comes into effect,the content of surrogate contract,the termination of the surrogate contract,and the default of the surrogate contract.