Legal Reconstruction Of The Parent-Child Relationship On The Condition Of Artificial Assisted Reproductive Technology

The development of the human assisted reproductive technology,dividing the natural reproduction of fertilization and gestation process,not only cause parents’ identity status divide into three parts,also bring the influence to the rules of traditional civil law about child-parent relationship.Britain,as the birthplace of artificial assisted reproductive technology,through the Warnock Report about parent-child relationship under this technical firstly,since then,regulations about parent-child relationship under the artificial assisted reproductive technology are enacted in many countries.Taiwan has introduced the artificial reproduction act accordingly,however,current law in Chinese mainland not to make clear the regulation about parent-child relationship including natural reproduction and artificial assisted reproduction,so it’s necessary to research more.This paper is divided into three parts: Introduction,Text and Conclusion.The introduction part mainly introduces the background,purpose and research method.The body part is divided into four chapters.The first chapter introduces the concept,type and current situation of artificial assisted reproductive technology,including surrogacy in China’s legal grey area.The second chapter mainly introduces the challenge of artificial assisted reproductive technology to traditional parent-child relationship in civil law,namely artificial assisted reproductive technology broke the natural fertility and genetic unification,burst sex,marriage and birth of the trinity model,makes the "birth is the mother",which on the basis of the traditional parent-child relationship,not fully applied.The third chapter mainly introduces artificial assisted reproductive technology overseas,including the comparison and analysis of legislation,case,and then draw a conclusion that more foreign countries to confirm the parent-child relationship under the artificial assisted reproductive technology by contract,adoption and marriage life estimation and denial system.The fourth chapter mainly about the artificial assisted reproductive technology reshape the parent-child relationship of law,combining with the condition of the parent-child relationship in our country,coming to a conclusion that the parent-child relationship on the condition of artificial assisted reproductive in our country should be based on raising the facts and through preoperative notarization of contract to reduce the occurrence of disputes.In the conclusion part is a brief review of the whole paper,to summarize how to refined the parent-child relationship on the condition of artificial assisted reproductive technology,namely how to keep the balance between stability and authenticity in parent-child identity,then puts forward the limitations of the study and puts forward the prospect.