Discussion On Paternity Test Of Artificial Child-bearing Children

Assisted reproductive technologies at the same time resolve the infertility;also make traditional marriage and family relationship is complicated.Artificial born application technology not only brought a series of ethical issues.Marriage and family problems and legal issues,but also challenges the traditional parent-child relationship confirmation system(confirmation,mother identity system,the presumption of legitimate children denied that claim system even more),the parties,the parent-child relationship has become the mainland of China from 2001 whirling.The year through "human assisted reproductive technology management approach" to regulate the assisted reproductive technology,but for more than ten years has passed,artificial birth children recognized parent-child relationship problem has not yet approved legislation,the legal status of the judicial practice is only on the basis of the Supreme People’s Court on 1991 on the artificial insemination children how to determine the the trial of such cases.Through the study of relevant domestic laws and regulations and judicial interpretation,and combined with the provisions of foreign law,construct the artificial birth children confirmation system thinking,to confirm the traditional parent-child relationship as a framework,on this basis,according to the particularity of artificial birth children,to be modified.The main text is about 20000 words and is divided into four parts:The first part is the artificial reproductive technology confirmation system influence on the traditional parent-child relationship.Through the concept of artificial reproductive technology characteristics,types and the traditional parent-child relationship confirmation system overview of assisted reproductive technology on the traditional parent-child relationship confirmation system,namely the artificial reproductive technology has led to many a mother,a father at the same time,even with the contract is different from the traditional natural blood,but also different from the prepared by blood,unable to fully apply the traditional parent-child relationship validation rules.The second part is the status of the legislative and judicial confirmation of our country artificial birth children parent-child relationship and problems.The legal level,the mainland of China has not yet established a parent-child relationship confirmation system;the judicial level,only solves the problem of identification of the legal status of the couple agreed to byartificial insemination children born,and can not solve the problem the legal status of the other artificial reproductive technology of children,and his wife made unauthorized use of the legal status of children born of artificial reproductive technology.The third part is the comparative study on the foreign legislation,the author mainly from the legislative mode,confirm the identity of the mother,the father of the three aspects of identity.In most countries the legislation will artificial birth children parent-child relationship confirmation system as a separate section,but I also agree with the confirmation system of artificial birth children included in general parent-child relationship under the provisions of the universal confirmation system.There is no legal relationship between the donor and the technology of artificial birth children.The mother and father of the presumption of identity identity still follow the traditional rules,even admitting the surrogate country,the contract also of course based on the contract made parents Identity must be subject to strict statutory procedures,and in addition,countries may vary in terms of the duration of the exercise of the right to deny.The fourth part is mainly about how to construct the relationship between artificial birth children of our parent-child confirmation system.The author proposed that after the "civil law provisions of marriage and family" marriage law generally recognized parent-child relationship and establish a system of artificial birth children in parent-child relationship which confirmed the system.And the traditional "delivery for mother" as a mother identity recognition principle mother,the husband as the father of the child,due to fraud,coercion and relief to accept others or do not agree to accept others for sperm egg and artificial birth mother or father to give a certain period of time,allow she or he enjoy the right to deny.