Research On Custody System Of Surrogate Children

In recent years,with the deterioration of the environment and the increasing pressure of work,the number of infertile families has been increasing.Infertile families often hope to produce their own offspring through reproductive aids such as surrogacy,but assisted reproductive technology is severely restricted in our country,though,The unstoppable desire for children made the domestic surrogate industry chain rise on a certain scale.When disputes over custody of surrogate children arise from surrogacy,it is judicial practice to decide how the court should not violate the social ethics and morality,and can protect the legitimate interests of surrogate children to the maximum extent.A practical problem that needs to be solved urgently.Based on the case of Liu and Zhao v.Song custody dispute,this paper analyzes and discusses the custody system of surrogate children.The paper is divided into four parts,the first part is a brief summary of the main facts of the case and the court’s two-instance judgment results;the second part abstracts the dispute focus of the case.Summarized and summarized the dispute points of both parties of the original defendant,led to the key issues to be analyzed in this paper.The third part is the case analysis,around the case of several dispute focus,respectively,the identification of the parent-child relationship of the surrogate child,the establishment of consanguineous relationship,An assessment of guardianship was carried out to determine the guardian of the surrogate child The author believes that according to the traditional principle of parent-child relationship,the "surrogate mother is the mother,the husband is the father",and at the same time,the best interests of the child should be combined with the principle of the best interests of the child to choose the appropriate guardian for the surrogate child;In the fourth part,in view of the problems in custody disputes caused by surrogacy,the author thinks that the illegality of surrogacy should be clarified in order to eliminate the barriers in surrogate custody disputes and to establish children.The principle of maximum interest is used as a standard to determine the interests of the guardian of a surrogate child and to perfect the system related to the surrogate custody,which is beneficial to the effective response to the custody dispute of the surrogate children in the judicial practice,and to the maximum protection of the legitimate rights and interests of the children of the surrogate,and further for the monitoring system of the surrogate children.The building provides some new ideas.