An Analysis Of The Guardianship Of Surrogate Children

Surrogacy solves infertility in reproductive technology and also triggers a series of surrogate children’s custody problems.How to solve this problem under the new situation has become an urgent key,the diversity of surrogacy types and the blood of surrogate children.The complexity of the source requires the court to apply new considerations in the judging process.The article selects the typical and significant case of the first surrogate child custody dispute in the country,sums up the focus of the case,and carefully analyzes the three theories on the custody of surrogate children from the aspects of advantages and defects.In the past,the identification of the custody of surrogate children in extra-territorial countries in China is only a single application of a certain doctrine or principle.The article combines the advantages and disadvantages of the three doctrines with the judicial practice of our country,and creatively proposes that the case of different surrogacy should be given priority.Different rules apply.In the case of complete surrogacy,the rules of gene theory should be applied preferentially.In the case of local surrogacy,the childbirth or gene theory should be applied preferentially and the meaning rules should be applied.In special cases,different conditions of surrogacy should be applied to three different doctrine rules or public welfare monitoring rules.The principle of maximizing the interests of children is implemented in the surrogacy of three different situations,so as to determine the solution to the custody of surrogate children,to achieve the orderly development of surrogate in the true sense and the harmonious progress of society.