Study On The Identification Of Parent-child Relationship Under Artificial Assisted Reproduction Technology

At present,artificial assisted reproduction technology is mainly used to treat infertility.As these technologies bring people convenience,they also continuously influencing the determination of parent-child relationships in traditional civil law.Relevant countries and regions have their own legislation to determine parent-child relationships under artificially assisted reproduction.Since the 1990 s,China has issued a series of rules on artificially assisted reproduction,but rarely involves the determination of parent-child relationships.These rules are far from enough.This article mainly compares the identification rules of parent-child relationship of artificially assisted reproduction both in and out of China,looks for typical cases of judicial authorities in China and other countries and regions,and tries to find a clear parent-child relationship that is suitable for China according to its specific situation,because children born with artificially assisted reproduction or natural reproduction should be protected equally.This article is divided into four parts.Start with an overview of artificial assisted reproduction technology,including definitions,implementation targets,technology types,and relevant provisions of artificial assisted reproduction in China,and then introduce the legislation and judicial status of artificial assisted reproduction in China and make an analysis and pass the existing laws in China Normative and judicial cases,dialysis China’s current legislative and judicial level in the determination of parent-child relationship under artificially assisted reproduction.In addition,by summarizing the rules for determining the parent-child relationship of artificially assisted reproduction in relevant countries and regions,it is hoped that the legislation of our country will be enlightened through the comparative law.Furthermore,on the basis of comprehensive domestic and foreign legislation,theory and practice,theauthor puts forward the improvement of China’s laws on how to realize the parent-child relationship within the existing legal framework under artificial assisted reproductive technology,including proposing new principles and specific rules.Finally,the author briefly reviewed the full text and summarized how to identify the parent-child relationship under artificially assisted reproductive technology without affecting the natural reproduction of the parent-child relationship,that is,how to achieve a balance between the two.Finally,the research limitations and prospects of this paper are presented.