Identification Of The Parent-child Relationship Of Surrogate Children

Although the thinking of school-age young people in society is no longer as rigid as before,they may pay more attention to their happiness and quality of life than getting married and having children.But it is undeniable that children still occupy an important position in a family.Every family is eager to have a child of its own and enjoy the laughter and laughter that children bring to the family.However,due to diseases or physical conditions,the number of infertility groups in the society has increased,and many people have lost the qualifications to be parents.Based on the actual situation,they cannot meet this need,and the continuous development of medical technology means,so surrogacy should come.Although the academic circles in our country have always claimed that surrogacy is illegal,the law has always evaded regulations on this issue during the formulation of the law,resulting in the public’s unclear nature of surrogacy,and the number of surrogacy groups has not decreased.At the same time,a realistic problem before us is the fact that the birth of a surrogate child is irreversible.But it is not clear how to determine their parent-child relationship.In addition to the recent news about celebrity surrogacy abandonment,surrogate mothers seek help from biological fathers for the registration of their children,surrogacy agency embryo editing and other chaos.It can be seen that the surrogate child is in a very disadvantaged position.They are not at fault.As independent individuals,their rights should be protected,and surrogate children cannot be the victims of surrogacy.Therefore,the identification of the parent-child relationship of surrogate children has become an urgent problem for us to solve,especially the identification of his mother is the most important thing,which is not contrary to my country’s prohibition of surrogacy under the current environment.Therefore,this article specifically discusses the determination of the parent-child relationship.Surrogacy,as a new artificial reproduction method,is very different from traditional reproductive methods.It is precisely because of its particularity that it will inevitably cause an impact on social ethics and traditional parent-child identification methods.This is also a surrogacy parent-child.The problem in the process of relationship determination.Because multiple interests are involved,the "delivery theory" can no longer be simply used to determine the parent-child relationship.This article studies the regulations of other countries with advanced legislation experience on this issue,and finds that different countries have different attitudes.The common law system is slightly looser.The principle of the best interests of the child gives the client the right to transfer parental power,while in the German civil law system,It is strictly based on "the woman who gives birth to a child is the mother." In Taiwan,the entrusting party is the parent of the surrogate child.By analyzing their strengths and weaknesses,provide us with relevant reference.While studying abroad,we must also pay attention to listening to domestic voices.The academic circles also have different opinions on how to identify the parents of surrogate children.Different judgment standards have also appeared in my country’s judicial practice.Although many problems have been reflected,it also shows the direction we need to work hard on to a certain extent.Therefore,this article summarizes the foreign advanced legislation experience and the different views of the academic community on this issue,and finally arrives at a determination method that suits our current development situation and protects the interests of all parties to the greatest extent.It also suggests how we should regulate surrogacy in the next step.