Surrogate Parenthood Research

The Chinese traditional ideas of "Have a lovely baby early",Continuity of a clan"and "have a grandson " are all manifestations of childbearing desires.And this kind of desire for childbearing has been strengthened with the development of economy and the improvement of living standards.Surrogate as a kind of reproductive technology which can meet the reproductive needs is one of the artificial assisted reproductive.Chinese Ministry of Health promulgated the Management Measures of Human Auxiliary Reproduction Technology,Standard of Human Assisted Reproductive Technology,Human Sperm Banks Management and Management Principles for Assisting Reproductive Reproduction in China,there is no direct legislation on surrogacy in our country.Only in 2001 the Ministry of Health of the People's Republic of China promulgated Administrative Measures on Assisted Reproductive Technology to prohibit surrogacy.With the advent of the first case verdict on the custody of surrogacy in China,the topic of surrogate parenthood has aroused the attention of all circles.The Chinese traditional ideas of "Have a lovely baby early",Continuity of a clan" and "have a grandson" are all manifestations of childbearing desires.And this kind of desire for childbearing has been strengthened with the development of economy and the improvement of living standards.Surrogate as a kind of reproductive technology which can meet the reproductive needs is one of the artificial assisted reproductive.Chinese Ministry of Health promulgated the Management Measures of Human Auxiliary Reproduction Technology,Standard of Human Assisted Reproductive Technology,Human Sperm Banks Management and Management Principles for Assisting Reproductive Reproduction in China,there is no direct legislation on surrogacy in our country.Only in 2001 the Ministry of Health of the People's Republic of China promulgated Administrative Measures on Assisted Reproductive Technology to prohibit surrogacy.With the advent of the first case verdict on the custody of surrogacy in China,the topic of surrogate parenthood has aroused the attention of all circles.The theory about the relationship between parents and children in surrogacy mainly includes:Blood Relationship Theory,Childbirth Theory,Contract Theory Children's Best Interests Theory.Each country will choose the corresponding doctrine according to its own legal system and parent-child relationship to determine the appropriate doctrine as the standard of surrogate parent-child relationship.The United States uses the contract theory,Germany and France adopt childbirth theory and Israel uses the protection of the child's best interests theory.Because of the current prohibition of surrogacy in our country,it's still take the traditional standard of childbirth as the standard of human reproduction of parent-child relationship.Surrogate is non-natural reproduction,so the traditional childbirth theory here apparently does not apply to surrogate.parent-child relationship identified in our country.Take the theory of the contract as a theoretical basis for the identification of the surrogate parent-child relationship can reflect the principle of autonomy of the civil law in our country and is also conducive to the administration of the administrative organs and the solution to the disputes over parent-child relations in future surrogacy.Although our country is going to face the impact of the presumption of legitimate children system,the negation of legitimate children system and the principle of "childbirth and motherhood".We also suffer from the traditional ethical issues such as the chaotic relations of human relations,the crisis of individual identity and the damage of the dignity of surrogate mothers and her child etc.However,the trend of surrogacy embarking on legalized legislation is irreversible.In the early eighty s,western countries have embarked on a surrogate for regulation according to the national legislation refle'cts the surrogate's openness can be divided into completely open,limited open type and a complete ban,most of the countries is banned commercial surrogacy.Abroad for a surrogate parent-child relationship on the basis of children's best interests protection principle,the use different standards,which can be roughly divided into two kinds:one kind is identified as a surrogate contract standard,another still follow "childbirth and motherhood",and then through the way such as adoption will surrogate children raised by the client.Can in the limited open in our country,on the basis of surrogate and banned commercial surrogacy will be children's best interest principle,the principle of limited use,banned commercial surrogacy principle as well as the principle of public power intervention as a surrogate parenthood legislation principles,the cognizance of the said specific surrounding the contract rules,combined with the actual situation of surrogacy legislation and legal system of our country draw lessons from foreign experience of surrogacy legislation rules and regulations.