The Study On The Legal Issues Of Cognizance Of Parenthood

The rising of modern fertility rate as well as the modern artificial assisted reproductive technology matures and practical use,then generates a surrogate birth way.Surrogate birth to satisfy the desire to infertile couples with children,to solve the pressing needs of the family without children,is undoubtedly a great relief for infertile couples.The various countries and regions have different attitude and legal norm for the problem of surrogate corresponding legislation.However,our country has strict ban on surrogacy at present and lack of specification on the level of legislation that illegal surrogate brings to our country to deal with problems of which belongs to the parent-child relationship is most difficult when the controversial problems follow.Under the background of being short of clear legal provisions and judicial practice,dealing with such legal issues is very difficult and complicated.Facing the reality of a surrogate objective existence,legislation as the norms of adjusting social relations,should adapt to the needs of social development,responding to this new phenomenon of surrogacy and the resulting problems by surrogacy,rather than neglect or nothing but prohibition and there is absolutely a need to research and solve all sorts of problems produced by a surrogate.This article uses the methods of theoretical research,document research,comparative study and generalization and summarization,and so on.The first part is about the overview of surrogate parenthood identified problems,first of all,the article expounds the basic concept and the classification of surrogacy,secondly analyses about the result of surrogacy parenthood that facing the double predicament of legal and ethical.In facing of a surrogate objective existence as well as the absence of surrogacy legislation in our country reality,we in dire need of to analyze and study the necessity of identifying the surrogate parenthood.The second part mainly elaborated in the academic circles at present about surrogate of the parent-child relationship of several main doctrine and its rationality and deficiency existing in the evaluation.The third part from the legislation level analysis of parent-child relationship in marriage and family law in our country,from two angles of existing laws and judicial practice to analyze the current legislative position and the practice of handling disputes arising out of or in connection with a surrogate of our country.In addition,this paper also analyzing the current situation of the surrogate,corresponding legislation as well as the value and existing defects.The fourth part is about the investigation of extraterritorial countries and regions of the surrogate parenthood identification.On the basis of summarizing the legislation of extraterritorial countries and regions of the surrogate parenthood identification,pointing out that the part can be used for reference in order to offer reference surrogacy legislation and judicial practice in our country.The fifth part is on the basis of analysis and research the relevant legislation of home and abroad to come up with the basic framework of surrogate parenthood recognition legal system of our country.This part is mainly including the principles and specific rules which the surrogate parenthood identifying should stick to and the legislative suggestions to regulate the surrogate parenthood recognition.