Research On The Dispute Over Test-tube Baby Custody

The realization of IVF technology has enabled humans to get rid of the dependence on traditional natural reproductive method.It is indeed a boon for infertile couples who cannot have their own children because of reproductive disorders.However,as a new life science technology,IVF technology has entered the field of human reproduction and has brought great impacts and challenges to the natural reproductive methods and the laws based on natural reproductive methods.IVF technology separates sex from reproduction,and the third person’s genetic material enters the reproductive process,which results in the diversification of parent-child relationships.In addition,the law based on natural reproductive method does not have legal provisions on the identification of IVF parent-child relationships.Based on this,the confirmation of the IVF guardian is highly prone to link with disputes if the law cannot be relied upon.The reasonable solutions to the IVF custody disputes not only contribute to the healthy development and application of IVF technology,but also protect the personal and property interests of IVF and protect it equally as the natural reproductive children.Therefore,this dissertation takes the IVF custody dispute as the research object,combining with Zhu v.Huang and Chen v.the Luo.The dispute was analyzed through cases analysis and literature retrieval and finally proposals to resolve the disputes over custody of IVF were proposed.In addition to the introduction and conclusion,the study of IVF custody disputes consists of three parts:The first part introduces the causes of IVF custody disputes and the types of IVF custody disputes.Firstly,the causes of special and complicated IVF custody disputes were analyzed.Secondly,this paper summarizes and sorts out the types of IVF custody disputes in combination with the different types of IVF.The second part,the core part of this paper,focuses on the analysis of contracts and ethics in IVF custody disputes.Firstly,the contractual legal relationship involved in the IVF custody dispute was analyzed one by one.Then based on the particularity of the legal effect of the contract in the implementation of IVF technology,it was stated that the contract concluded by the relevant subject in IVF surgery was restricted by the principle of public order and good custom.Finally based on the above analysis,with the transformation of reproductive technology,human reproductive ethics has shifted from blood ethics to contract ethics,therefore contract ethics enters into the identification of parent-child relationship.The third part proposes solutions to the disputes over custody of IVF.Firstly,combined with China’s custody system,the solutions to the custody dispute are based on the identification of the IVF parent-child relationship.According to the types of IVF custody dispute in the first part,the recommendation of the IVF parent-child relationship identification rule is proposed accordingly.However,the reasonable resolutions for the IVF custody dispute require not only the parent-child relationship of the IVF,but also other factors,such as whether the legal parents of IVF have the ability to monitor and the matter of the feeding of IVF.