Determination Of Custody Of Surrogate Children

With the further development of artificial reproduction aid technology such as IVF,the problem of using infertility to solve infertility has become a part of couples' choices in recent years.At present,the world has completely banned surrogacy for surrogacy,support commercial surrogacy,and prohibit commercial surrogacy.In the three attitudes,China's Human Reproductive Technology Management Regulations promulgated by the Ministry of Health in 2001 only stipulate that medical institutions shall be prohibited from carrying out surrogacy or artificial insemination without the approval or use of human reproductive assistive technology.However,regardless of the legality of surrogacy,the custody of surrogate children is an unavoidable issue.The purpose of this article is to determine the solution to the custody of surrogate children,and to use comparative analysis,case analysis,literature research methods and other methods to start from the case of Chen Tong v.Luo Gengrong's custody dispute,and analyze the content and judgment of the case.At the same time,based on the extraterritorial definition of the parent-child relationship and the mother's legal establishment principle for surrogate children,the creative proposal is to use the “delivery theory” as the basic principle for the determination of custody disputes for surrogate children while taking the “principle of the best interests of the child” as The complementary principle of custody of surrogate children and the judicial practice in China determine the relationship between surrogate mothers and entrusted parents,between donor mothers and entrusted parents,and entrusted parents and third parties in two different surrogacy methods: genetic surrogacy and pregnancy surrogacy.Between about surrogate children.